The High Court quenched a criminal proceeding filed against petitioners in a matrimonial dispute after a compromise was reached, allowing the parties to remain as husband and wife, citing parbatbhai Aahir.
The proceedings in G.R. No.23 of 2020 arising out of Berhampur Town P.S. Case No. 02 of 2020 were quashed in respect of the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 2560 OF 2021
Rohan Raul @ Raula & Others ……… Petitioners Mr. J.K. Panda, Advocate -versusState of Odisha & Others ...……… Opposite Parties Mr. K.K. Gaya, ASC Mr. S.K.Dwibedi Advocate for the Opposite Party No.2.
CORAM:
JUSTICE V. NARASINGH
ORDER 17.05.2022
Order No.
Page 1 of 3
“3.- That, We have settled our dispute outside the Court in presence of the local gentleman and relation. That as per settlement the petitioner No.1and Opp. Party No.2 will remain as husband and wife. Out of our wedlock one son was born on 13.08.2020 at MKCG Hospital Berhampur. The petitioner No.1 and Opp. Party No.2 are living happily. As per settlement the complainant/informant does not want to give evidence further against the petitioners. And does not want to continue the proceeding in the Court of learned SDJM, Berhampur/ before this Hon’ble Court.
4. That, we have settled the dispute outside the Court and in view of such settlement the Opp. No.2 will not proceed further against the petitioners and she will not depose evidence against the petitioners, she is leading very happy conjugal life with my husband out of our wed lock a male child was born at MKCG Hospital, Berhampur on 13.08.2020.”
Page 2 of 3
the file of Learned S.D.J.M., Berhampur stands quashed in respect of the petitioners, in exercise of power under Section-482 Cr.P.C.
Balaram
( V.Narasingh )
Judge
Page 3 of 3
3 issues framed by the court
Whether criminal proceedings should be quashed in view of the compromise reached between the parties during their marriage dispute.
Whether the settlement implies continuation of conjugal life and absence of desire for legal proceedings.
Whether the High Court has jurisdiction under Section 482 Cr.P.C. to quash the proceedings based on settlement and mediation.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Rohan Raul @ Raula & Others
State of Odisha
Opposite Party No.2
V. Narasinh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
