The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1369 of 2025 Saumitra Parida & Ors. …. Petitioner(s) Mr. B.K. Rath, Advocate -versus- State of Orissa and another …. Opposite Party(s)
Legal Reasoning
Mr. S.J. Mohanty, ASC Mr. S.R. Mohapatra, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 01. 1. 2.
Decision
ORDER 10.04.2025 Heard. At the instance of the opposite party No.2, the F.I.R. in Kisannagar P.S. Case No. 71 of 2022 came to be registered against the petitioners corresponding to G.R. Case No. 1118 of 2022, pending in the court of the learned JMFC-IV, Cuttack. 3. The allegation against the petitioners is that the informant lodged the FIR in Kissannagar Police Station on 01.05.2022 alleging therein that she has married to the petitioner no.1 on 25.1.2015. At the time of negotiation of marriage, the petitioner no.2-Susanta Parida falsely represented that the husband is serving in a company. After marriage Susanta Parida the younger brother of the petitioner no. 1 gave consonance not to be worried. But Susanta Page 1 of 5 whenever come to the house tortures her and threaten her not to disclose and her husband also assaults her even try to kill her by strangulation by a pillow when she was pregnant. Their neighbour telephoned to the informant's father and they took her where the son was born. The informant remained three years in her father's house. The younger brother Susant brought her with assurance not to commit further torture. When she came to the in law's house, her husband started torturing on the demand to bring further Rs.50,000/- from her father. She further alleged that her son has attained the age of school going but the husband and his family members are not admitting him in any school. 4. After investigation, charge sheet in the present case has been filed on 29.06.2022 and subsequent thereto on 14.07.2022, cognizance of offences punishable under Sections 498-A/294/ 323/506/354/406//34 of IPC read with Section 4 of the D.P. Act has been taken by the trial court against the petitioners. Before the charge is framed and trial 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. Page 2 of 5 5. The petitioners 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. 6. Pursuant to the settlement terms, the petitioner no.1 and opposite party no.2 have filed a petition under Section 13 (B) of the Hindu Marriage Act before the court of the Judge, Family Court, Cuttack seeking dissolution of their marriage by mutual consent. The said petition is still pending before the court below. 7. The opposite party no.2 has filed an affidavit dated 10.04.2025 inter alia stating as under:- 2. That I have married to the petitioner no.1 on dated 25.01.2015 according to Hindu Custom and rite. After marriage we led conjugal life till 5.4.2022 in the house of the petitioner/husband. 3. That due to dissention with the petitioner no.1, I lodged written report on 1.5.2022 before the I.I.C Kissannagar Police station which is registered of Kissannagar P.S case no. 71 of 2022 corresponding to G.R case no 1118 of 2022 under section 498-A/323/294/506/354/406/34 IPC read with sec.4 of D.P.Act pending in the court of the J.M.F.C (IV) Cuttack. After submission of Charge Sheet the learned Court below took cognizance on dated 14.7.2022. 4. That on consensus and without any coercion we both petitioner no.1 and myself file the Mutual consent divorce petition under section 13-B of Hindu Marriage Act before the Judge, Family Court, Cuttack vide C.P no 40/2025 and Page 3 of 5 annexure-4 of the petition and the same is pending for disposal. 5. That I have already taken back the articles presented at the time of marriage. There is no chance of reunion with the petitioner. In order to bring the harmony between us, the G.R case no 1118 of 2022 under section 498- A/323/294/506/354/406/34 IPC read with sec.4 of D.P.Act pending in the court of the J.M.F.C (IV) Cuttack arising out of Kissannagar P.S case no. 71 of 2022 may be compounded and I do not want to proceed with the same.” 8. Opposite party no.2, who is present in Court, on query from the Court submits that she want to settle in her life and she has settled the dispute with the petitioner no.1 and her in-laws and she has already moved on in her life and does not want to prosecute the petitioners in anymore. She has already filed an affidavit, which has been quoted above. 9. Mr. Mohanty, learned counsel for the State submits that the dispute is arising out of a matrimonial discord and the parties have already settled their dispute. He submits that opposite party no.2 has filed an affidavit before this Court joining the prayer with the petitioners for quashing of the FIR on the ground of settlement and since both the petitioner no.1 and opposite party no.2 applied for dissolution of their marriage by mutual consent, there is no legal impediment in giving indulgence to the petitioners. Page 4 of 5 10. Regard being had to the allegation made by the opposite party no.2 against the petitioners and the fact that they have settled the dispute and filed 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 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. 11. Accordingly, the criminal proceeding in connection with Kissannagar P.S. Case No. 71 of 2022 corresponding to G.R. Case No. 1118 of 2022, pending in the court of the learned JMFC-IV, Cuttack is quashed. 12. The CRLMC is accordingly disposed of. (S.S. Mishra) Ashok Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Apr-2025 19:41:23 Judge Page 5 of 5