MADHUMITA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners seeking the indulgence of this Court to invoke inherent power U/S.482 of Cr.P.C. pray to quash the entire criminal proceeding and order taking cognizance of offences passed on 3/9/2014 by the learned J.M.F.C.(R), Cuttack in G.R. Case No.1223 of 2013 arising out of Cuttack Sadar P.S. Case No.265 of 2013 on the grounds of settlement with the informant.

(2.) Since the dispute between the parties having already stated to be settled, it would be unnecessary to reproduce the entire set of facts here, but the gist/summary of facts are extracted here for better appreciation in the matter and un-veiling the facts, it is stated that the petitioner No.3 and O.P.No.2 were admittedly the husband and wife and their marriage was solemnized on 27/1/2012 in terms of Hindu Custom and Rights, but subsequently, when dissension arose between them, O.P.No.2 lodged a FIR against the petitioner for subjecting her to torture and cruelty for demand of additional dowry of Rs.5,00,000.00 (Rupees Five Lakhs) despite cash of Rs.3,00,000.00 (Rupees Three Lakhs) and household articles and appliances along with 15 tolas of gold ornaments were presented at the time of marriage. On the FIR of O.P.No.2, Cuttack Sadar P.S. Case No.1223 of 2013 was registered and the matter was investigated into resulting submission of chargesheet against the petitioner leading to taking cognizance of offences by the learned J.M.F.C.(R), Cuttack by the impugned order. While the matter stood thus, the matter was amicably settled and the marriage between the petitioner No.3 and O.P.No.2 was annulled by a decree of divorce on mutual consent passed by learned Judge, Family Court, Cuttack on 28/9/2022 in C.P. No.689 of 2019. Hence, this CRLMC for the relief indicated supra.

(3.) In the course of hearing the CRLMC, Mr. S.K. Dash, learned counsel for the petitioners and Mr. A. Panigrahi, learned counsel for the O.P.No.2 jointly submits in presence of petitioner No.3 and O.P.No.2 that the matter has already been amicably settled between the parties and the marriage between the CRLMC No.22 of 2020 Page 4 of 8 petitioner No.3 and O.P.No.2 has been annulled by a decree of divorce of competent Court on mutual consent U/S.13(B) of Hindu Marriage Act, 1955 and, thereby, the parties having settled their differences and living peacefully and separately with harmony, the criminal proceeding against the petitioners is nothing, but an abuse of process of Court. On the aforesaid submissions, learned counsels pray to quash the entire criminal proceeding against the petitioners. In reply, Mr. S.S. Pradhan, learned AGA prefers to formally oppose the prayer of the petitioners and O.P. No.2.