Allowed

Rudra Narayan Mohanty v. State of Odisha

Orissa HC14 Aug 2024CRLMC/1646/2024

Case brief

AI extract

What is this about?

Husband sought quashing of a matrimonial cruelty and dowry prosecution. Parties filed a joint compromise affidavit stating amicable settlement; the wife appeared in person with no objection. The Court held continuance would abuse process and quashed the proceeding.

What did the court decide?

Criminal prosecution in C.T. Case No.7034 of 2022 quashed subject to joint compromise affidavit dated 31.07.2024; trial court directed to drop proceedings.

Rudra Narayan Mohanty Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1646 of 2024

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Rudra Narayan Mohanty

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..... Petitioner

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Represented By Adv. – Mr. Sapan Kumar Lenka

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-versus-

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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)

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

14.08.2024

Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner, the learned counsel for the Opposite Party No.2-Informant and the learned counsel for the State. Perused the records as well as the joint affidavit.

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This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the entire criminal prosecution launched against him vide Bhubaneswar Mahila P.S.

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Page 1 of 3.

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Case No.159 of 2022, corresponding to C.T. Case No.7034 of 2022, pending in the court of S.D.J.M., Bhubaneswar.

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On perusal of the record, it appears that initially the F.I.R. was lodged by one Pragyan Pattanaik alleging commission of offences under Sections 498-A/323/294/506 of I.P.C. read with Section 4 of the Dowry Prohibition Act, but charge sheet has been submitted for offences under Sections 498-A/294/323/506/406 of I.P.C. read with Section 4 of the Dowry Prohibition Act.

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It is stated by the learned counsel for the Petitionerhusband as well as Informant-wife that the matter has been amicably settled. They further contended that the present dispute arises out of the matrimonial dispute between the Petitionerhusband and the Informant-wife. However, on the intervention of their well-wishers, family members and local gentlemen, the matter has been compromised.

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A joint compromise affidavit has been filed by both the parties. On perusal of the joint affidavit, it appears that the dispute has been amicably resolved on compromise subject to the terms and conditions contained in the compromise affidavit dated 31.07.2024.

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The Informant-wife, who is present in person in Court today, stated that she has no objection for quashing of the criminal case out of which present case arises. Both the husband and wife present in person in Court stated before this Court that

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Page 2 of 3.

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they have amicably resolved the dispute.

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Considering such development and taking into 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.

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Accordingly, the Criminal Misc. Case is allowed. Consequently, the prosecution launched against the Petitioners vide C.T. Case No.7034 of 2022 on the file of learned S.D.J.M., Bhubaneswar stands quashed subject to the terms and conditions as mentioned in the joint compromise affidavit dated 31.07.2024 filed by the parties. The learned S.D.J.M., Bhubaneswar or the Court in seisin over the matter shall on receipt of the copy of this order/production of the copy of this order, drop the proceeding in the aforesaid case in compliance of this order.

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With the aforesaid observation and direction, the CRLMC is disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Aug-2024 12:24:18

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Page 3 of 3.

Rudra Narayan Mohanty v. State of Odisha

Case brief

What is this about?

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Rudra Narayan Mohanty v. State of Odisha

Case brief

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