Allowed

Muna@Pallash Chandra Patra v. State of Odisha

Orissa HC30 Nov 2021CRLMC/1260/2021

Case brief

AI extract

What is this about?

The High Court of Orissa quashed criminal proceedings alleging offences under IPC 498-A/307 and DP Act 4 based on an affidavit from the informant-opposite party No. 2 confirming the matter was amicably settled and she wished to discontinue the case. The Court found no grievance and deemed continuation futile.

What did the court decide?

Proceedings in G.R. Case No.114 of 2019 arising from Konark P.S. Case No.47 of 2019 quashed under Section 482 Cr.P.C.

Muna@Pallash Chandra Patra Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1260 of 2021

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Muna @ Pallash Chandra Patra & Others

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…. Petitioners

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Mr. S. Mishra, Advocate.

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Versus -

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State of Odisha …. Opposite Parties

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Mr. P. Tripathy, Addl. Standing Counsel Mr. S. Hota, Advocate (for O.P No.2)

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CORAM:

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JUSTICE SASHIKANTA MISHRA

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ORDER_ 30.11.2021

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Order No. 04.

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This matter is taken up through hybrid mode.

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Heard Mr. S. Mishra, learned counsel for the petitioners, Mr. P. Tripathy, learned Additional Standing Counsel for the State and Mr. S. Hota, learned counsel for opposite party no.2. Also heard the petitioners and opposite party no.2-informant, who have appeared in person.

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The present application under Section 482 of the Cr.P.C. has been filed by the petitioners with a prayer to quash the criminal proceedings in G.R. Case No.114 of 2019 arising out of Konark P.S. Case No.47 of 2019 pending in the file of learned J.M.F.C., Konark for the alleged commission of offence under Sections 498-A/394/323/506/307/34 of IPC and Section 4 of D.P. Act.

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The facts of the case are that the informant lodged an F.I.R. before the Konark Police Station alleging that on

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13.05.2018 she had married the petitioner no.1 as per Hindu rites and customs. But after few days of marriage, her in-laws tortured her both physically and mentally demanding dowry. On 24.10.2018 at about 11 p.m. the in-laws abused her in obscene language and assaulted her with an intention to kill her.

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It is submitted that subsequently, the dispute between the parties was settled amicably. An affidavit has been filed being sworn by the informant-opposite party no.2 stating that due to misunderstanding with her husband and in-laws she had lodged the FIR and due to intervention of the their family members, the matter has been amicably settled and compromised and she has no grievance against the present petitioners.

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On the above basis, it is submitted that as the proceeding had been initiated due to misunderstanding but has since been resolved amicably as also the fact that the concerned parties do not wish to continue with the proceeding, the same may be quashed.

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A perusal of the affidavit filed by the informantopposite party no.2 reveals that she does not want to proceed in the case further. She has also no grievance against the petitioners in this case. The matter has been amicably settled and compromised. The informant being present in Court, on being asked, fully supported the contents of the affidavit.

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Considering the submissions made as noted above and the affidavit filed by the informant, it is evident that the dispute between them has been amicably settled. Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the petitioner, especially when the chance of conviction in the said case is bleak.

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This Court is therefore, inclined to allow the prayer of the petitioner. The proceedings in G.R. Case No.114 of 2019 arising out of Konark P.S. Case No.47 of 2019 pending in the file of learned J.M.F.C., Konark is hereby quashed

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Accordingly, the CRLMC is disposed of.

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Urgent certified copy of this order be granted on proper application. ( Sashikanta Mishra) Judge

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A.K. Rana

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Muna@Pallash Chandra Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna@Pallash Chandra Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

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