The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 593 of 2025 Subrat Nahak and others …. Petitioner(s) Mrs. Sujata Jena, Advocate -versus- State of Odisha and another …. Opposite Party(s)
Legal Reasoning
Mr. S.N. Biswal, ASC Mr. S. Mohapatra, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 01. 1. 2.
Decision
ORDER 13.02.2025 Heard. At the instance of the opposite party No.2, the F.I.R. in NALCO P.S. Case No. 77 of 2023 came to be registered against the petitioners corresponding to G.R. Case No. 642 of 2023, pending in the court of the learned SDJM, Angul for the alleged commission of offences under Sections 498(A)/294/494/506/34. 3. The allegation against the petitioners in nutshell is that petitioner no.l had married to the O.P no.2 as per Hindu rites and customs on 21.04.2015 in presence of their parents and relatives. It was an arrange marriage. At the time of marriage, petitioner was Page 1 of 5 serving as junior manager (Electrical Dept.) at Nalco, Angul and O.P was pursing her study in integrated MBA course. The marriage was consummated. However, within a year the O.P no.2 filed ICC no.224/2016 in the court of Ld. SDJM, Angul against the petitioner no.l to 3 alleging therein torture for dowry, forced abortion etc. As per the direction of the Ld. Magistrate said case was registered as Nalco Nager P.S case no. 145/2016 u/s 498, 294, 323, 312, 313, 354,451, 452, 506/34 of IPC and u/s 4 of D.P Act which has given rise to G.R no. 1730/2016 pending in the court of Ld. JMFC, Angul. It is alleged that on 02.05.2023 she came to know that petitioner no.l has married to a lady namely Sangril Sahoo and they were staying together in Quarter No. B-2058, Nalconagar. On 06.05.2023 at about 9.00 PM, O.P no.2 went to the quarter and on reaching there ask about her husband and at that time the petitioners abused her in filthy language and also threaten her to take away her life and the life of her family members. They also disclosed that her husband has married another lady. With these allegations she requested the investigating team to investigate the matter and take appropriate steps as against them. 4. The present matter is arising out of a matrimonial discord. Investigation in the present case is still going on. At this stage, Page 2 of 5 petitioners have entered into a settlement with the opposite party no.2 and on the basis of the settlement terms, the present petition has been filed seeking quashing of the entire prosecution. 5. The petitioner no.1 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. In so far as the petitioners no.2 to 13 are concerned, they are physically not present. However, petitioner no.1 has filed an affidavit dated 13.02.2025 on his behalf and on behalf of other petitioners. Ms. Jena, learned counsel for the petitioners has also filed an application on behalf of petitioners no.2 to 13 seeking exemption from their personal appearance before this Court today by moving an application, which is taken on record. For the reasons stated in the application the same is allowed and the personal appearance of petitioners No. 2 to 13 is dispensed with. 6. The joint affidavit dated 13.02.2025 filed by the petitioner no.1 on his behalf as well as other petitioners and opposite party no.2 enumerates the terms of settlement, which reads as under:- 2. That it may be submitted that the petitioner no.1 has also filed C.P. No.121 of 2019 in the court of Ld. Judge, Family Court Angul under section 13(1) of Hindu Marriage Act seeking dissolution of marriage on the Page 3 of 5 in dissolving the dispute between the marriage between ground of desertion and cruelty. The C.P. was allowed on the 18.05.2023 petitioner and O.P. no.2 by the learned Judge, Family Court, Angul. O.P. No.2 has preferred MATA No. 210 of 2023 before this Court challenging the judgment and order of Ld. Judge Family Court. 3. That it is apt to mention here that on the intervention of the relatives and friends both the parties have decided to compromise themselves and accordingly on 11.02.2025 the MATA was listed and the Hon’ble Court was pleased to confirm the order of the Ld. Judge Family Court in dissolving the marriage between the parties since the O.P. No.2 agreed to receive Rs.33 lakhs towards permanent alimony. In the said order the O.P. No.2 also agreed to take steps for withdrawal all of cases filed by her against the petitioners. Therefore, this joint affidavit is being filed since it is decided between the petitioner no.1, the husband and the O.P.No.2, the wife to give a final touch to all the disputes between them.” 7. Reading of the contents of the affidavit filed by the parties indicates that the parties have decided to put to rest of the dispute among them and accordingly they entered into the settlement. The petitioner has paid Rs.33,00,000/- as permanent alimony to the opposite party no.2 and opposite party no.2 has agreed to terminate the proceeding she has initiated against the petitioners. Respondent no.2, who is present in Court, on the query from the Court has reiterated her statement. 8. Mr. Biswal, learned counsel for the State submits that since the dispute is arising out of a matrimonial discord and the Page 4 of 5 parties have settled the dispute and file affidavit before this Court, there is no legal impediment to quash the proceeding. 9. Regard being had to the nature of allegations against the petitioners and the fact that they have settled the dispute and filed affidavits before this Court, I am inclined to allow the present petition. Further, continuation of the present proceeding will not endure to the benefit to either parties and, therefore, in these circumstances subjecting the petitioners to rigors of the trial is destined to be futile exercise. The case of the petitioners 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. 10. Accordingly, the criminal proceeding in connection with NALCO P.S. Case No. 77 of 2023 corresponding to G.R. Case No. 642 of 2023, pending in the court of the learned SDJM, Angul is quashed. 11. The CRLMC is accordingly disposed of. Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa Date: 14-Feb-2025 18:18:23 Ashok (S.S. Mishra) Judge Page 5 of 5