The learned S.D.J.M., Bhubaneswar has taken cognizance of the said offences.
3. Shortly thereafter, the petitioner no.1 filed a petition before the Judge, Fa
mily Court, Bhubaneswar vide C.P. No. 366 of 2011 for judicial separation between him and the
opposite party no.2. In the said proceeding opposite party no.2 also advanced a counter claim
for passing a decree of divorce of course making some counter allegations. They are separately
staying since 25.10.2009. Finally the decree of divorce has been passed dissolving the marria
ge between them. The proceeding has been disposed of on 18.01.2012.
4. Admittedly, parties are residing separately since 25.10.2009. After lodging of
the FIR giving rise to the present case, the decree of divorce has been passed dissolving the
ir marriage. The incident is said to have been taken place on 27.02.2011 and on the next day t
he FIR has been lodged. As it finds mention in the last paragraph of the FIR, Annexure-1, the
same even if accepted in its entirety, does not make out any offence as above and rather those
reveal in the line of casual talk between the husband and wife. It has been stated therein th
at when the opposite party no.2 met the petitioner no.1 on the way, he told her that the time
had not passed and accordingly she was asked to tell her mother to gift away the house to him,
so that they would again be living happily together. The opposite party no.2 has stated to ha
ve been entertained threat in her mind by hearing the same and so she left the place without g
iving any reply.
