Husband sought quashing of a criminal case under Sections 498-A and other IPC provisions arising from matrimonial dispute. Parties settled amicably by joint compromise affidavit; wife present in court raised no objection. Court held continuation would be abuse of process and quashed the prosecution subject to compromise terms.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1461 of 2024
Rudra Narayan Mohanty ..... Petitioner
Represented By Adv. – Mr. Sapan Kumar Lenka
-versus-
1) State Of Odisha ..... Opposite Parties 2) Pragyan Pattanaik Represented By Adv. – Mr. M.K. Mohanty, A.S.C. M/s. Sushanta Ku. Sethi R.K. Swain (For the O.P. No.2Informant)
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
14.08.2024
Order No.
Page 1 of 3.
of 2023, corresponding to C.T. Case No.332 of 2023, pending in the court of J.M.F.C.(II), Bhubaneswar.
Page 2 of 3.
consideration the submission made by the learned counsels appearing for the parties, this Court is of the view that further continuance of the present proceeding would be an abuse of process of law.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra) Judge
Debasis
Signature Not Verified
Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Aug-2024 12:24:18
Page 3 of 3.
1 issue framed by the court
Whether a matrimonial criminal case under Sections 498-A/323/294/506/341/507/509 IPC can be quashed on the basis of an amicable settlement between husband and wife.
2 provisions across 2 enactments
Rudra Narayan Mohanty
State of Odisha
Pragyan Pattanaik
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
