Dismissed

Umakanta Barik v. State of Odisha

Orissa HC2 Aug 2021CRLMC/539/2020

Case brief

AI extract

What is this about?

The court dismissed a petition under Section 482 Cr.P.C. seeking quashment of criminal prosecution for offenses under IPC and DP Act. It held that granting permanent alimony and dissolution of marriage does not constitute a compromise sufficient to quash independent criminal proceedings.

What did the court decide?

The CRLMC filed seeking quashment of criminal prosecution stands dismissed as devoid of merit.

Umakanta Barik Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.539 of 2020

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Umakanta Barik & others

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…. Petitioners

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-versus-

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State of Odisha & another

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…. Opposite Party

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CORAM: JUSTICE S.PUJAHARI

ORDER

02.08.2021

Order No.

This matter is taken up through hybrid mode.

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Heard the learned counsel for the Petitioners and the learned counsel for the State.

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This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer for quashment of the criminal prosecution vide G.R. Case No.1616 of 2012 pending in the court of S.D.J.M., Sambalpur arising out of Sambalpur Mahila P.S. Case No.32 of 2012, registered for the alleged offences punishable under Sections 498(A), 294 & 506 read with Section 34 of I.P.C. and Section 4 of D.P.Act.

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Learned counsel for the petitioners drawing notice to the judgment of this Court under Annexure-4, submits that since permanent alimony has been given to the informant-Opposite Party No.2, and the marriage has been dissolved, the criminal prosecution

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launched against the petitioners arising out of marital discord, deserves to be quashed for the ends of justice.

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Learned counsel for the State, however, disputes such contention of the learned counsel for the Petitioners advancing the submission that though permanent alimony has been granted on dissolution of the marriage by a decree of divorce but, no compromise has been effected to withdraw this prosecution on that ground and as such, the same cannot be a ground to quash the criminal prosecution.

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Needless to say that the criminal prosecution is independent of the civil proceeding initiated under the Hindu Marriage Act for dissolution of marriage at the instance of the Petitioner No.1, wherein decree has been passed and permanent alimony has been granted. The wife also has not effected any compromise while receiving the permanent alimony not to proceed with the criminal prosecution against the Petitioner. No doubt, due to the aforesaid decree of the Family Court, the marriage between the parties has been dissolved and permanent alimony has been granted. But the same is a no ground to quash the criminal prosecution pending against the Petitioner.

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Accordingly, the CRLMC filed is devoid of any merit and hence, the same stands dismissed.

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(S. Pujahari) Judge

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RKS

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Umakanta Barik v. State of Odisha

Case brief

What is this about?

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Umakanta Barik v. State of Odisha

Case brief

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