The High Court
Case Details
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)
Legal Reasoning
Mr. S.N. Biswal, ASC Mr. R. Behera, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 01. 1. 2.
Decision
ORDER 20.03.2025 Heard. 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 Page 1 of 5 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 Page 2 of 5 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 type of conjugal relationship & will not create any 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. Page 3 of 5 (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 Page 4 of 5 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 Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 21-Mar-2025 11:01:33 Page 5 of 5