The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2556 of 2023 1) Nitin Gupta 2) Urmila Gupta 1) State Of Odisha 2) Santoshi Agrawal 1) UrmilaGupta 1) State Of Odisha 2) Santoshi Agrawal ..... Petitioners Represented By Adv. – Mr. Uma Charan Mishra -versus- ..... Opposite Parties Represented By Adv. – Mr. Debasish Biswal, A.S.C. Mr. Dipti Ranjan Bhokta, Advocate for the Informant CRLMC No.86 of 2021 ..... Petitioner
Legal Reasoning
Represented By Adv. – Mr. Uma Charan Mishra -versus- ..... Opposite Parties Represented By Adv. – Mr. Debasish Biswal, A.S.C. Mr. Dipti Ranjan Bhokta, Advocate for the Informant CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 25.06.2024 Order No. 02. 1. Since both the cases have arisen out of the same order, both are heard together through hybrid mode and disposed Page 1 of 6. of by this common order on consent of the parties. 2. Heard learned counsel for the Petitioners, the learned counsel for the Opposite Party No.2-Informant and the learned counsel for the State in both the cases. Perused the record as well as the joint affidavit dated 25.06.2024 filed by the parties. 3. CRLMC No.2556 of 2023 has been filed by the Petitioners with a prayer to quash the order of cognizance dated 15.02.2020 passed by the learned S.D.J.M., Malkangiri in G.R. Case No.623 of 2019 as well as criminal proceeding launched against them vide Chitrakonda P.S. Case No.124 of 2019 by the Informant alleging commission of offences under Sections 498-A/307/313/406/34 of I.P.C. read with Section-4 of the Dowry Prohibition Act, corresponding to C.T. Case No.52 of 2023, pending in the court of learned Senior Civil Judge- cum-A.S.J. (Women’s Court), Malkangiri. 4. CRLMC No.86 of 2021 has been filed by the Petitioner with a prayer to quash the order of cognizance dated 15.02.2020 passed by the learned S.D.J.M., Malkangiri in G.R. Case No.623 of 2019 as well as criminal proceeding launched against her vide Chitrakonda P.S. Case No.124 of 2019 by the Informant alleging commission of offences under Sections Page 2 of 6. 498-A/307/313/406/34 of I.P.C. read with Section-4 of the Dowry Prohibition Act, corresponding to G.R. Case No.623 of 2019, pending in the court of learned S.D.J.M., Malkangiri. 5. Learned counsel for the Petitioners, at the outset, submitted that the matter has been amicable settled between the parties with the intervention of well-wishers of the families. He further submitted that a divorce proceeding was also initiated at the instance of the Informant-Wife, which was registered as C.S. (MAT) No.58 of 2021 in the court of Civil Judge (Senior Division), Malkangiri. On context, the aforesaid divorce case was finally disposed of vide judgment dated 04.05.2023. A copy of the judgement has been filed as Annexure-3 to the CRLMC No.2556 of 2023. On perusal of the said judgment of the Court, it appears that the marriage between the parties was dissolved and a decree of divorce was granted to the parties. Further the court below had directed Rs.4,00,000/- to be paid as permanent alimony to the wife, who is the Informant in the present Criminal Misc. Cases and that the custody of the minor girl child, namely, Ananya Gupta has been given to the mother, who is the Informant, till the child attains majority. While doing so, the learned court below has given permission to the biological father, i.e. the present Petitioner to visit his minor daughter. Page 3 of 6. 6. Learned counsel for the Petitioners further contended that after the grant of decree of divorce, the parties encountered some dispute and difference of opinion with regard to other modalities. Moreover, the present Criminal Misc. Cases were also pending at the relevant time. He further submitted that the Petitioners as well as the Informant with the intervention of their well-wishers and family friends have again amicably resolved all the disputes pertaining to the matrimonial dispute. While seeking the decree of divorce, it is agreed by both the parties that the Petitioner No.1 shall pay a total amount of Rs.12,00,000/- to the Informant, notwithstanding the sum of Rs.4,00,000/- which has been granted as permanent alimony in the decree of divorce proceeding. However, the aforesaid amount of Rs.12,00,000/- is towards the full and final payment of all disputes between both sides. 7. Learned counsel for the Informant, on the other hand, supported the contention raised by the learned counsel for the Petitioners. Further referring to the joint affidavit filed by both the parties, learned counsel for the Informant submitted that the matter has been amicably settled between the parties subject to the terms and conditions recorded in the aforesaid joint affidavit. 8. The Informant, who is present in person in Court Page 4 of 6. today, also supported the contentions raised by both the counsels appearing for the Petitioners as well as the Informant. She further contended that she has no objection if the proceedings are quashed subject to the terms and conditions mentioned in the joint affidavit. 9. Learned counsel for the Petitioners handed over three Demand Drafts of the State Bank of India, Sunabeda Branch to the Informant in Court today, which are in the name of Informant-Santoshi Agrawal bearing Nos.250086, 250087 and 250088 of Rs.1,50,000/-, Rs.5,00,000/- and Rs.5,50,000/- respectively, in total of Rs.12,00,000/- (Rupees twelve lakhs) . 10. Learned counsel for the State, on the other hand, has no objection to the aforesaid settlement arrived at between the parties and consequential quashing of the pending two criminal proceedings. 11. In view of the aforesaid facts and circumstances, further taking note of the settlement arrived at between the parties and the fact that the alimony amount has been paid in Court today, this Court in the larger interest of justice, is of the view that further continuance of the aforesaid proceeding will be an abuse of the process of law and the same would no way be beneficial for the parties before this Court. Page 5 of 6. 12. Accordingly, both the Criminal Misc. Cases are hereby allowed and the impugned order of cognizance as well as the criminal proceeding in C.T. Case No.52 of 2023 on the file of learned Civil Judge-cum-A.S.J. (Women’s Court), Malkangiri and G.R. Case No.623 of 2019 on the file of learned S.D.J.M., Malkangiri stand quashed. The learned S.D.J.M., Malkangiri as well as learned Civil Judge-cum- A.S.J. (Women’s Court), Malkangiri or the Court in seisin over the matter shall on receipt of the copy of this order/production of the copy of this order, drop the proceedings in the aforesaid cases in compliance of this order. 13. With the aforesaid observation and direction, both the CRLMCs are disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 01-Jul-2024 10:37:12 Page 6 of 6.