The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2500 of 2023 Sk. Sadab Kadir and Others …. Petitioners State of Odisha and Another …. -Versus - Represented by Mr. Sudipto Panda, Advocate
Legal Reasoning
Opp. Parties Represented by Addl. Standing Counsel Mr. A.K. Dash, Advocate (For O.P.No. 2) CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 26.07.2024 Order No. 4. 1. This matter is taken up through hybrid mode. 2. As directed, the parties are present virtually. Petitioner No.1 - Sk. Sadab Kadir who is the husband of Opposite Party No.2 is identified by Mr. Sudipto Panda, learned counsel for the petitioners. Further, Mr. Panda produces the original Aadhar card on his client in the court, which is returned on production of its attested xerox copy. The Opposite Party No.2-Ms. Saher Saniya, who is also present virtually is identified by her counsel, Mr. Akhaya Kumar Dash. The staff of the Court attached to virtual Court at Angul has received her original Aadhar card which is scanned and transmitted to this Court. 3. The present application under Section 482 of the Cr.P.C. has been filed by the petitioners with a prayer to quash the criminal proceeding in Angul P.S. Case No.379 of 2022 corresponding to G.R. Case No. 1028 of 2022 pending in the file of learned S.D.J.M., Page 1 of 4 Angul. 4. The facts of the case are that the Opposite Party No.2 was married to the Petitioner No.1 in accordance with Muslim customary rituals on 03.02.2021 when, as per the demand of the Petitioners a fixed deposit of Rs.3,00,000/-, ornaments, teak bed, sofa-set and other household articles were given by the parents of Opposite Party No.2. After solemnization of marriage, the Opposite Party No.2 resided at her matrimonial house at Mangalabag, Cuttack and led a happy and peaceful marital life. But after 15 days, the Petitioners demanded cash of Rs.10 lakhs or a Kia Seltos car. Due to non-fulfillment of such demand, they allegedly assaulted her on various occasions and tortured her both mentally and physically. She also informed her parents about the same. On 19.02.2021, when she returned to her marital home she was tortured, slapped, kicked and was deprived of proper food. On 08.03.2021, petitioners sent her to Angul to have their demands fulfilled and on 12.03.2021, she returned to Cuttack with her father. After he left, she was again abused, assaulted and was denied proper food and minimum necessities. A few days thereafter her in- laws family were tested positive for COVID and she was blamed for that and was sent back to Angul on 14.05.2021, where she remained for six months. On the death of her father-in-law on 02.11.2021, when she went to express her condolences, she was abused and blamed for his death by her in-laws and her husband remained silent. Later she returned to Angul on 26.12.2021 and after a meeting was held at Pantha Nivas, Cuttack, she returned to her in-laws on being assured of her safety. On 08.05.2022 she and the Petitioner No.1 shifted to Hyderabad where her husband was working. He allegedly prevented her from communicating with Page 2 of 4 anyone, confined her and asked her to bring money from her father for purchasing a flat there and on her refusal, the Petitioner No.1 allegedly assaulted her and continued to do so. Thereafter, one day she overheard the Petitioner No.1 planning to kill her by using a pillow. She asked her father to come and on 01.06.2022, they brought her back to Angul. 5. The petitioners have filed an additional affidavit being sworn by the Petitioner No.1-Sk. Sadab Kadir, wherein they have paid Rs.30,00,000/- to Opposite Party no.2 towards her full and final maintenance without any future claim towards amicable settlement of the matter. 6. On the above basis, it is submitted that as the disputes between the husband and wife has since been resolved amicably as also the fact that the concerned parties do not wish to continue with the proceeding, the same may be quashed. 7. A perusal of the additional affidavit filed by the Petitioners reveals that C.R.P. No. 44 of 2022 before the Court of the Judge, Family Court, Angul and Crl. Misc. Case No. 134 of 2022 which has been registered as Crl. Misc. Case No. 41 of 2023 before the Id. ASJ-cum-Womens Court, Angul have been dropped vide order dated 26.06.2024. Further, Petitioner No.l and the Opposite Party No.2 have in the meantime already undertaken Khula/divorce as per Odisha Mohammadan Marriage & Divorce Registration Act, 1949 on 30.06.2024 which has been registered on 02.07.2024. The Opposite Party No.2 has acknowledged receipt of Rs.30,00,000/- (Rupees Thirty Lakhs Only) towards her full and final maintenance without any future claims. As such, she does not want to proceed in the case any further and no longer has any grievance against the petitioners in this case. Due to intervention of local gentries, the Page 3 of 4 matter has been amicably settled and compromised. The Petitioners and Opposite Party No.2 on being asked, fully supported the contents of the additional affidavit and terms of the settlement. 8. Considering the submissions made as noted above, and the additional affidavit filed by the Petitioners, it is evident that the dispute between the parties has been amicably settled. In such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the Petitioners especially when the chance of conviction in the said case is bleak. 9. This Court is therefore, inclined to allow the prayer of the Petitioners. The proceedings in G.R. Case No.1028 of 2022 arising out of Angul Town P.S. Case No.379 of 2022 pending in the court of learned S.D.J.M., Angul under Sections 498-A/406/34 of IPC and Section 4 of the DP Act are hereby quashed. 10.
Decision
Accordingly, the CRLMC is disposed of. 11. Urgent certified copy of this order be granted on proper application. (Sashikanta Mishra) Judge B.C. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2024 12:43:31 Page 4 of 4