The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 3224 of 2022 Jagadish Kumar Acharya and others …. Petitioner(s) Mr. K.C. Pradhan, Advocate -versus- State of Odisha and another …. Opposite Party(s)
Legal Reasoning
Mr. U.R. Jena, AGA Mr. D.P. Das, Advocate for O.P.2 CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 29.01.2025 Heard. At the instance of the opposite party No.2, the F.I.R. in Order No. 07. 1. 2. Hemagiri P.S. Case No. 182 of 2021 came to be registered against the petitioners corresponding to G.R. Case No. 1180 of 2021, pending the court of the learned S.D.J.M., Sundargarh for the alleged commission of offences under Sections 498- A/294/323/506/34 of I.P.C. 3. The allegation against the petitioners are that the informant submitted a written report at Hemagiri P.S. that she got married to Prabin Acharya-petitioner no.3 son of petitioner no.1 of Ujalpur (Beldhipa) on 05.02.2019 as per Hindu ritual. After 15 days of Page 1 of 5 marriage her husband, the father in law and mother in law had started torturing her both physically and mentally for more dowry. As her father did not give motor cycle during marriage, her husband and father-in-law tortured her all the times. Then she blessed with a child and now her age about 19 months. But her daughter kept with her husband and the father in law assaulted her by a small blade and got injured in her left hand. Her husband and father in law taken away her ATM card, certificate and other dowry articles and did not give her and threatened her to kill. On 21.04.2021 she along with her husband and daughter came to her parental house at Hemgiri on Ram Nabami . On the same day at about 12.30 P.M. her husband called her in a room and assaulted her and then he abused her father, mother and sister in filthy language and quarreled with them. Thereafter, on 16.6.2021 they amicable settled their dispute and she went to her in-laws house. But again her husband, father-in-law and mother-in-law tortured her for more dowry. On dated 28.7.21 at about 8.30 P.M. her father-in -law and mother-in-law abused her in filthy language and let her and her daughter out from the house and locked the outer gate. Then she called her father over phone and her father came with the village gentry and rescued her and took her to Hemgiri. Her husband and father-in-law are working in Forest Page 2 of 5 Department and they threatened her parents to kill them. Hence, the F.I.R. 4. All the three petitioners and the opposite party No.2 are present in the 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. 5. After investigation, charge sheet in the present case has already been submitted on 06.10.2021 for the alleged offences as mentioned above. Before the trial could commence, the parties have entered into a settlement. On the basis of the comprised terms, all the three petitioners and opposite party no.2 have approached this Court for quashing of the entire proceeding and they have also filed separate affidavits dated 28.01.2025, stating inter alia that they have resumed their marital live, hence they are seeking quashing of the proceeding. The relevant contents of the affidavit filed by the informant-opposite party no.2 are reproduced hereunder:- “2. That myself and petitioner no.3 are legally married couple blessed with a daughter namely Bhagyashree. Due to some misunderstanding between us, there was a case vide G.R. Case No.1180/2021 arising out of Hemgir P.S. Case No.182/2021 pending before the learned JMFC, Hemagiri. 3. That in presence of both the parties along with village Bhadraloks and our family members, we Page 3 of 5 agreed to stay unitedly and agreed to resume our conjugal relationship in the same way at before without any hesitation. Accordingly, we have been maintaining out conjugal life happily in my husband’s house. 4. That we both decided to withdraw all cases filed at different courts against each other. And we decided to give respect each other to maintain our conjugal life with good understanding. 5. That I filed this affidavit without any pressure from any person, I filed in our good understanding for maintain our conjugal life smoothly. That as per 6. the compromise petition we (both wife and husband) to look our female child without any hesitation. term and condition of That as per 7. the compromise petition we both maintain our family happily without any hesitation till ever.” term and condition of 6. Mr. Jena, learned Additional Standing Counsel for the State submits that the dispute has already been resolved by the parties and they have also filed affidavits before this Court to that effect, there is no legal impediment in quashing of the criminal proceeding. 7. Regard being had to the fact that the dispute is arising out of matrimonial discord and parties have already settled their dispute to that effect they have already filed separate affidavits before this Court and the opposite party no.2 has already stated before this Court that she has resumed her marital life and she is also blessed with a child, I am inclined to allow the present petition. Further, Page 4 of 5 continuation of the present proceeding will not endure any 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. 8. Accordingly, the criminal proceeding in connection with Hemagiri P.S. Case No.182 of 2021 corresponding to G.R. Case No.1180 of 2021 pending in the Court of the learned S.D.J.M., Sundargarh is quashed qua the petitioners. 09. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jan-2025 18:04:29 Page 5 of 5