The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.269 of 2020 Krupadan Paspureddy …. Petitioner Mr. P. K. Jena, Adv. -versus- State of Odisha & Anr. …. Opposite Parties Mr. Ch. S. Mishra, A.G,A. Ms. Tapaswini Sinha, Adv. (for O.P.2) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 9.02.2024 09. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLREV challenging the judgment/order dated 19.12.2019 passed by the learned Additional Sessions Judge, Gunupur in Criminal Appeal No.04/2016 thereby
Legal Reasoning
confirming the Judgment/order dated 29.03.2016 passed by the learned Civil Judge (Senior Division)-cum-Judicial Magistrate First Class, Gunupur in G.R. Case No.189/2007/T.R. No.14/2014 convicting the present Petitioner under Section 498-A and 323 of I.P.C. and sentencing him to undergo for a period of two years R.I. and fine of Page 1 of 8 // 2 // Rs.3,000/- (for Section 498-A) and R.I. for three months and the sentence shall run concurrently. 3. 4. Heard learned counsel for the Parties. An affidavit has been filed by the Petitioner- Krupadan Paspureddy stating therein that he and his wife-Pankajini Jena @ Pankajini Reddy, since first part of 2014, decided to stay together and since then are leading a happy conjugal life with their children. Presently they are all staying together in the Government (East Coast Railway) allotted quarter No.E/7/G, Rail Vihar Rental Colony, Bhubaneswar and leading a happy conjugal life. It is further stated in the affidavit that he and his wife have decided to make all endeavour to close all litigations amicably within the purview of law. 5. A separate affidavit has been filed by the wife of the Petitioner namely Pankajini Reddy @ Pankajini Jena/Opposite Party No.2 stating that she is the informant in Gunupur P.S. Case No. 95 dated 03.09.2007 and after leading a happy conjugal life for 15 years, over some trivial issues misunderstanding developed between them in 2007 which led to filing of several litigation in different courts which includes 1.C.C. Case No. 36 of 2007 on basis of which Gunupur P.S. Case No. 95 dated 03.09.2007 has Page 2 of 8 // 3 // been registered under Section 498(A)/323/307/506/34 IPC read with Sections 4 & 6 of D.P. Act against her husband and others and after trial he was convicted (GR 189/2007) under Section 498/323 IPC vide judgment dated 29.03.2016 and sentenced to undergo RI for 2 years or fine Rs.3000/- for under Section 498(A) IPC and RI for 6 months for offence u/s 323 to run concurrently. The said conviction and sentence have been confirmed by the learned Additional Sessions Judge, Gunupur in Criminal Appeal No. 04 of 2016 dated 19.12.2019. 6. The averment has also been made regarding MAT Case No. 04 of 2007, ΜΑΤΑ No. 79 of 2021 and M.C. No. 24 of 2011. It has been further stated in the affidavit that since first part of 2014, she and her husband realized their mistakes and decided to stay together and since then are leading a happy conjugal life with their children. Presently they are all staying together in the Government (East Coast Railway) allotted quarter No.E/7/G, Rail Vihar Rental Colony, Bhubaneswar and they have decided to make all endeavour to close all litigations amicably without causing any harm to each other within the purview of law. Page 3 of 8 // 4 // 7. As per the affidavit filed by the Petitioner and the informant, they are reunited and happily leading their conjugal life with their children. Hence, they do not want to proceed with the matter anymore. 8. The contents of the affidavit filed by the Petitioner are extracted hereunder:- “I, Krupadan Paspu Reddy, aged about 55 years, S/o Sujan Paspu Reddy, Village- Raniguda Firm, 6th lane, Old ITI Office, Rayagada, P.O/P.S/Dist- Rayagada, Presently serving as motor vehicle driver grade-II, in the East Cost Railway and residing at Qtr No. E / 7 / G Rail Vihar Rental Colony, Bhubneswar, Dist- Khurda, Odisha do hereby solemnly affirm state as follows: 1. That, I am the petitioner in this case. 2. That my marriage with Pankajini Jena @ Pankajini Reddy was solemnized on 27.05.1992 in the Lutheran Church at Gunupur as per the rituals of Christianity, both being Christian by religion. 3. That, after marriage we are blessed with a son and a daughter namely Amar Reddy (26 years) Nikita Rupali Reddy (24 years). 4. That, me and my wife with our children while leading a happy issues on misunderstanding developed between me and my wife in 2007 which led to filing of several litigation in different Court of laws as follows: conjugal trivial some life a) On the basis of a complaint (1 C.C 36/2007) lodged by my wife Pankajini Jena before Ld. JMFC Gunupur, Gunupur P.S case No. 95 dated 03.09.2007 was registered u/s 498(A)/323/307/506/34 IPC r/w sections 4/6 D.P Act. Upon trial in the court of Civil Judge (Senior Division) cum JMFC Gunupur, I was convicted in (GR 189/2007) u/s 498(A)/323 IPC vide judgment dated 29.03.2016 and sentenced to undergo RI for 2 years or fine Rs. 3000/- for Page 4 of 8 // 5 // u/s 498(A) IPC and RI for 6 months for offence u/s 323 to run concurrently. Myself preferred appeal against the said judgment and order before the Addl. Sessions Judge, but the appeal vide Criminal Appeal No. 4/2016 was rejected vide Judgment dated 19.12.2019, against which the present Criminal Revision No. (CRLREV 269/2020) is preferred in this Hon'ble Court which is pending. b) In 2007 myself filed a case (MAT Case No. 4/2007) u/s 10 of Divorce Act before the Ld. District Judge, Khurda against my wife which was allowed vide Ex-parte Judgment dated 15.02.2010 and the marriage between myself and my wife dissolved by a Decree of divorce granted in my favor. Against that Order my wife preferred an appeal (MATA 79/2021) in this Hon'ble Court seeking to set aside the Ex-parte Judgment passed in MAT Case No. 4/2007. In the said MAΤΑ 79/2021, have filed an affidavit stating that in view of our reunion since 2014 I shall have no objection if Ex-parte Judgment dated 15.02.2010 passed in MAT Case No. 4/2007 is set aside. c) My wife along with my children had filed MC No. 24/2011 in the court of Ld. JMFC Gunupur, u/s 125 CrPC claiming monthly allowances and maintenance but before conclusion of the said case both parties appeared before the Ld. Court of JMFC Gunupur personally and filed a compromise petition on 28.07.2016 and prayed for withdrawal of the proceeding in view of our mutually agreement to lead a conjugal life in peaceful manner for all times to come. Accordingly the said proceeding MC No. 24/2011 was dismissed.” 5. That, since first part of 2014 myself and my wife Pankajini Jena @ Pankajini Reddy realizing our mistakes and in common interest and for future of our children we decided to stay together and since then leading a happy conjugal life with our children. Presently we all stay together in the Government (East Cost Railway) allotted quarter No.E/7/G Rail Vihar Rental Colony, Bhubneswar and leading a happy conjugal life. 6. That, myself and my wife have decided to make all endeavour to close all litigations amicably without causing Page 5 of 8 // 6 // any harm to each other within the purview law. Hence this affidavit is filed. 7. That, this affidavit was filed with my free will volition coercion without any coercion or pressure. 8. That, the facts stated above are true to knowledge. 9. The contents of the affidavit filed by the Opposite Party No.2 are extracted hereunder:- “Pankajini Reddy @ Pankajini Jena,aged about 44 years, W/o. Krupadan Paspu Reddy, D/o - Ayub Chandra Jena, Resident of Raniguda Firm, 6 ^ (th) lane, Old ITI Office, Rayagada, P.O/P.S/Dist- Rayagada, Presently residing at Qtr No. E / 7 / G Rail Vihar Rental Colony, Bhubneswar, Dist- Khurda, Odiasha do hereby solemnly affirm state as follows: 1. That, my husband is the petitioner in this case and I am the informant in Gunupur P.S case No. 95 dated 03.09.2007. 2. That my marriage with Krupadan Paspu Reddy was solemnized on 27.05.1992 in the Lutheran Church at Gunupur as per the rituals of Christianity, both being Christian by religion. 3. That, after marriage we are blessed with a son and a daughter namely Amar Reddy (26 years) Nikita Rupali Reddy (24 years). 4. That, me and my husband with our children while leading a happy conjugal life for 15 years, on some trivial issues misunderstanding developed between me and my husband in 2007 which led to filing of several litigation in different Court of laws as follows: a) On the basis of a complaint (1 C.C 36/2007) lodged by myself before Ld. JMFC Gunupur, Gunupur P.S case No. 95 u/s 498(A)/323/307/506/34 IPC r/w sections 4/6 D.P Act against my husband and others Upon trial in the court of Civil Judge (Senior Division) cum JMFC Gunupur, my husband was convicted (GR 189/2007) u/s 498/323 IPC vide judgment dated 29.03.2016 and sentenced to undergo 03.09.2007 registered dated was Page 6 of 8 // 7 // RI for 2 years or fine Rs. 3000/- for u/s 498(A) IPC and RI for 6 months for offence u/s 323 to run concurrently. My husband preferred appeal against the said judgment and order before the Addl. Sessions Judge but the appeal vide Criminal Appeal No. 4/2016 was rejected vide Judgment dated 19.12.2019, against which the present Criminal Revision No. (CRLREV 269/2020) is preferred in this Hon'ble Court which is pending. b) In 2007 my husband filed a case (MAT Case No. 4/2007) u/s 10 of Divorce Act before the Ld. District Judge, Khurda against me which was allowed vide Ex- parte Judgment dated 15.02.2010 and the marriage between me and my husband dissolved by a Decree of Divorce granted in my husband favor. Against that Order myself preferred an appeal (MATA 79/2021) in this Hon'ble Court seeking to set aside the Judgment passed in MAT Case No. 4/2007. In the said MATA 79/2021 my husband has filed an affidavit stating that in view of our reunion since 2014 he shall have no objection if Ex-parte Judgment dated 15.02.2010 passed in MAT Case No. 4/2007 is set aside. c) Myself along with my children had filed MC No. 24/2011 in the court of Ld. JMFC Gunupur, u/s 125 CrPC claiming monthly allowances and maintenance but before conclusion of the said case both parties appeared before the Ld. Court of JMFC Gunupur personally and filed a compromise petition on 28.07.2016 and prayed for withdrawal of the proceeding in view of our mutually agreement to lead a conjugal life in peaceful manner for all times to come. Accordingly the said proceeding MC No. 24/2011 was dismissed. 5. That, since first part of 2014 myself and my husband Krupadan Paspu Reddy realizing our mistakes and in our common interest and for future of our children we decided to stay together and since then leading a happy conjugal life with our children. Presently we all stay together in the Government (East Cost Railway) allotted quarter No. E/7/G, Rail Vihar Rental Colony, Bhubneswar and leading a happy conjugal life. Page 7 of 8 // 8 // 6. That, myself and my husband have decided to make all endeavour to close all litigations amicably without causing any harm to each other within the purview of law. Hence this affidavit is filed. 7. That, this affidavit was filed with my free will volition coercion without any coercion or pressure. 8. That, the facts stated above are true to knowledge.” 10. In such circumstances, this Court is of the considered view that further proceeding in G.R. Case No.189 of 2007/T.R. No.14/2014 passed by the learned Civil Judge, Senior Division-cum-J.M.F.C., Gunupur shall be an abuse of process of Court. Therefore, in order to secure ends of justice, the impugned order dated 19.12.2019 passed by the learned Additional Sessions Judge, Gunupur in Criminal Appeal No.04/2016 as well as the criminal proceeding in G.R. Case No.189 of 2007/T.R. No.14/2014 passed by the learned Civil Judge, Senior Division-cum-J.M.F.C., Gunupur are quashed. 11.
Decision
Accordingly, the CRLREV is disposed of. Sumitra Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Odisha, Cuttack Date: 28-Feb-2024 15:07:13 Page 8 of 8