Orissa High Court
Amzad Khan vs State Of Odisha And Another .... ... on 20 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 835 of 2025
Amzad Khan .... Petitioner(s)
Mr. A. Mishra, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.N. Biswal, ASC
Mr. R. Behera, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 20.03.2025
01. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Kosagumuda P.S. Case No. 132 of 28.08.2023 came to be
registered against the petitioner corresponding to G.R. Case No.
1162 of 2023, pending in the court of the learned S.C.J.-cum-A.S.J.
(Women's Court), Nabarangpur.
3. The allegation against the petitioner is that the complainant
Ruksar Ara, wife of the petitioner reported in the Kosagumuda
Police Station in writing to the effect that in the year 2010 she got
married with the petitioner and soon after their marriage her
husband started torturing her physically and mentally. They are
blessed with one son and one daughter and the petitioner did not
take care of them and abused her in filthy languages, assaulted her
and threaten her to kill in life. Hence, the F.I.R.
4. After investigation, charge sheet in the present case has
been filed on 04.10.2023 and subsequent thereto on 06.10.2023 the
learned S.C.J.-cum-A.S.J. (Women's Court), Nabarangpur has
taken cognizance of offence punishable under Sections
498(A)/294/323/506 IPC against the petitioner. Before the trial is
commenced, the parties have entered into a settlement and on the
basis of the settlement terms, the present petition has been filed
seeking quashing of the entire criminal prosecution.
5. The petitioner and opposite party no.2 the informant are
present in Court and being represented and identified by their
respective counsels. They have also filed self-attested copies of
their Aadhaar Cards to establish their identity, which are taken on
record. The parties have filed a joint affidavit dated 10.03.2025
inter alia stating as under:-
"1. That I am the Opp. party No-2 in this case. I got married to
the Petitioner namely Amzad Khan on 11.04.2010 at
Nabrangpur, Odisha as per Muslim Rites and Rituals. One
daughter namely Ayesha Khan (12 years) and one son namely
Faizal Khan (11 years) are born from our wedlock.
2. That since there were some disturbances after the marriage I
lodged the present FIR i.e. Kosagumuda P.S. Case No-132/
Dtd. 28.08.2023 corresponding to G.R. Case No-1162/2023
U/s- 498-A/294/323/506 IPC against my husband presently the
case is pending in the Court of Ld. S.C.J-cum-A.S.J (Women's
Court), Nabrangpur, Odisha.
3. That the above case was Charge sheeted for the above
mentioned offences on 04.10.2023. The Ld. SDJM, Nabrangpur
has taken cognizance of offences U/s- 498-A/294/ 323/506 IPC
on 06.10.2023.
4. That similarly my husband ( Amzad Khan ) has lodged an
F.L.R against me & two of my brothers namely Nijam Khan &
Sajid Khan vide Kosagumuda P.S Case No-131/Dtd 28.08.2023
U/s-341/323/506/34 of IPC. This case was investigated &
finally police submitted Final Report -False on 04.10.2023 vide
Kosagumuda Final Report No-162/Dtd. 04.10.2023.
5. That now by intervention of well-wishers & senior members
of both the parties and looking at the future of both the children
we both husband & wife have amicably resolved our disputes
and agreed to live peacefully in future with the following terms
& conditions:-
(i)That the informant in Kosagumuda P.S Case No-132/
Dtd.28.08.2023 (namely Ruksar Ara) has no objection if the
Order of cognizance Dtd 06.10.2023 & criminal proceeding in
Kosagumuda P.S Case No-132/ Dtd 28.08.2023 corresponding
to G.R Case No-1162/2023 U/s- 498-A/294/323/506 I.P.C
presently pending in the Court of Ld.S.C.J-cum-A.S.J (Women's
Court), Nabrangpur, Odisha is quashed by this Hon'ble Court.
(ii) That similarly informant in Kosagumuda P.S Case
No-131/Dtd 28.08.2023 ( Amzad Khan ) hereby undertakes that
he will not file any protest petition against the FRT submitted
in Kosagumuda P.S Case No-131/Dtd 28.08.2023 nor will he
file any proceeding before any court to reopen that case. So
Kosagumuda P.S Case No-131/Dtd 28.08.2023 is deemed have
been dropped for all purposes.
(iii) That we both the parties will live in healthy
conjugal relationship & will not create any type of
disturbances that would affect our children in any manner.
(iv) That both the parties undertake to respect family
members of both sides & would treat them with respect &
dignity.
(v) That the petitioner ( Amzad Khan ) would maintain
his wife i.e. the opp. party no-2 ( Ruksar Ara ) and two children
also. The petitioner would discharge the duty of a husband &
father. So also the Opp. party no-2 would discharge her duty as
wife, mother & daughter-in-law of petitioner's family.
(vi) That both the parties undertake not to initiate any
future matrimonial dispute in any manner & would lead happy
conjugal life."
6. On the query from the Court, opposite partyno.2, who is
appearing through virtual mode submits that she has no issue left
with the petitioner or the family of the petitioner, as she has
resumed her conjugal life and happy with the petitioner. Hence, she
does not want to prosecute the petitioner.
7. Mr. Biswal, learned counsel for the State submits that
since the matter is arising out of a matrimonial discord and the
parties have settled their dispute and filed joint affidavit before this
Court, there is no legal impediment to quash the proceeding.
8. Regard being had to the allegation made by the opposite
party no.2 against the petitioner and the fact that they have settled
the dispute and filed joint affidavit before this Court, I am inclined
to allow the present petition. Further, continuation of the present
proceeding will not enure to the benefit to either parties and,
therefore, in these circumstances subjecting the petitioner to rigors
of the trial is destined to be futile exercise. The case of the
petitioner is directly covered by the judgment of the Hon'ble
Supreme Court in the cases of Gian Singh vs. State of Punjab and
another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs.
State of Haryana & another reported in (2003) 4 SCC 675.
9. Accordingly, the criminal proceeding in connection with
Kosagumuda P.S. Case No. 132 of 28.08.2023 corresponding to
G.R. Case No. 1162 of 2023, pending in the court of the learned
S.C.J.-cum-A.S.J. (Women's Court), Nabarangpur is quashed.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 21-Mar-2025 11:01:33
