Allowed

Udayanath Naik v. State

Orissa HC6 Oct 2015CRLMC/2502/2004

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings initiated under Sections 498(A), 494, 189, 506 IPC and Section 4 DP Act after parties divorced and settled their domestic dispute, holding continued prosecution to be futile and an abuse of process. The CRLMC application was disposed of using inherent powers under Section 482 Cr.P.C.

What did the court decide?

The proceedings of G.R. Case No. 592 of 1997 pending before the learned S.D.J.M., Jajpur were quashed under Section 482 Cr.P.C. The CRLMC application was disposed of.

Petitioners have filed this application under Section 482 Cr.P.C. to quash the G.R. Case No. 592 of 1997 arising out of Balichandrapur P.S. Case No. 65 of 1997 pending befo re the learned S.D.J.M., Jajpur for commission of offence under Sections 498(A)/494/506/34 of the I.P.C. and under Section 4 of the D.P. Act.

Perused the case record it reveals that petitioner No.1 namely Udayanath Naik has married the opposite party No.2 on 27.5.1994 as per the Hindu rites and customs. Due to so me disturbances between the parties the opposite party No.2 filed F.I.R. before Balichandrapur Police Station. The same was registered as Balichandrapur P.S. Case No. 65 of 1996 correspond ing to G.R. Case No. 592 of 1997 pending before the learned S.D.J.M., Jajpur. Petitioner No.1 and his wife also filed an application under Section 13(B) of Hindu Marriage Act before the le arned Judge, Family Court, Cuttack for decree of divorce on mutual consent which was registere d as Civil Proceeding No. 19 of 2004. The learned Judge, Family Court, Cuttack by order dated 10.8.2004 passed a decree of mutual divorce in favour of the parties dissolving their marriage and also dropped the Crl.P. No. 191 of 1997 and C.P. No. 508 of 2003. The petitioner No.1 ha s paid Rs.30,000/- to the wife as permanent alimony and Rs.36,000/- for the maintenance and ma rriage expenses of the daughter Laxmipriya in toto Rs.66,000/-.

Parties have already settled their dispute and a decree of divorce was passed dissolving the marriage. In the aforesaid fact and circumstances continuation of the criminal proceeding will become a futile exercise and abuse of process of Court as parties are not inte rested to proceed with the same. Accordingly for ends of justice this Court quashes the procee ding of G.R. Case No. 592 of 1997 arising out of Balichandrapur P.S. Case No. 65 of 1997 pendi ng before the learned S.D.J.M., Jajpur in exercise the power under Section 482 of the Cr.P.C. Accordingly the CRLMC is disposed of.

Udayanath Naik v. State

Case brief

What is this about?

What did the court decide?

Udayanath Naik v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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