Disposed¶17

Sekhar Agarwal v. State of Odisha

Orissa HC9 Feb 2024CRLMC/26/2024

Case brief

AI extract

What is this about?

Quashing of FIR on amicable settlement of matrimonial dispute; Purighat P.S. Case No.101 of 2023; G.R. Case No.248 of 2023; Sections 457 and 380 IPC; Section 13B Hindu Marriage Act mutual-consent divorce application before Family Court, Cuttack; Rs.9,50,000 settlement payment; Rs.5,000 cost for appearing by video conference while driving; three FIRs (Purighat P.S. Cases Nos. 101, 44 and 10 of 2023); Sekhar Agarwal; Justice Sibo Sankar Mishra; CRLMC No 26 of 2024; High Court of Orissa at Cuttack; order dated 09.02.2024.

What did the court decide?

Quashing of the FIR dated 01.05.2023 in G.R. Case No.248 of 2023 arising out of Purighat P.S. Case No.101 of 2023 and of the consequential proceedings; CRLMC disposed of; Petitioner directed to pay Rs.5,000/- cost to Opposite Party No.2. ¶17

Sekhar Agarwal Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR dated 01.05.2023 in G.R. Case No.248 of 2023 arising out of Purighat P.S. Case No.101 of 2023 (Sections 457 and 380 IPC) and the consequential criminal proceedings should be quashed, given that the underlying matrimonial dispute has been amicably settled by the parties.

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Court's answer

The FIR dated 01.05.2023 in G.R. Case No.248 of 2023 arising out of Purighat P.S. Case No.101 of 2023, pending before the learned S.D.J.M.(S), Sadar, Cuttack, is quashed.

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Ratio / Principle

The consequential proceedings arising from the said FIR are also quashed.

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Key takeaways

The Petitioner, who appeared through video conference while driving a car, was saddled with a cost of Rs.5,000/- to be paid to Opposite Party No.2.ratio¶16

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — CRLMC No 26 of 2024, order dated 09.02.2024 (Justice Sibo Sankar Mishra): In a criminal matter arising wholly out of matrimonial discord (FIR dated 01.05.2023, G.R. Case No.248 of 2023, Purighat P.S. Case No.101 of 2023, Sections 457 and 380 IPC), the Petitioner and Opposite Party No.2 having settled their disputes amicably, moved an application under Section 13B of the Hindu Marriage Act before the Judge, Family Court, Cuttack for dissolution of marriage by mutual consent, and the Petitioner having agreed to pay Rs.9,50,000 subject to withdrawal of all pending inter-se proceedings, the Court quashed the said FIR pending before the learned S.D.J.M.(S), Sadar, Cuttack together with the consequential proceedings arising therefrom. The Petitioner, who had appeared by video conference while driving a car, was saddled with a cost of Rs.5,000/- payable to Opposite Party No.2. The CRLMC was disposed of. No precedent was cited or relied upon.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No 26 OF 2024

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Sekhar Agarwal …. Petitioner(s) Ms. E. Agarwal, Advocate

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-versus-

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….
State of Orissa and another Opposite Party(s)
Mr. B. K. Ragada, AGA
Ms. A. Bansal, Adv.
(for O.P.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
09.02.2024
Order No.
02. 1. Heard learned counsel for the Parties.
2. At the instance of the Opposite Party No.2, the F.I.R. dated
01.05.2023 in G.R. Case No.248 of 2023 arising out of Purighat
P.S. Case No.101 of 2023 under Sections 457 and 380 of I.P.C.

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came to be registered against the Petitioner.

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The dispute is arising out of a matrimonial discord. The Opposite Party No.2 is appearing in person in Court whereas the Petitioner has appeared through Video Conference Mode. They are being identified by their respective counsels. They have also filed

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Page 1 of 3

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the self-attested copies of their Aadhaar Cards before this Court to establish their identity, which are taken on record.

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The parties to the proceeding submit that they have settled their inter-se dispute and decided to part away. They have also moved an application under Section 13B of the Hindu Marriage Act before the Judge, Family Court, Cuttack for dissolution of marriage by mutual consent. Insofar as the alimony part is concerned, the Petitioner has agreed to make good the payment of Rs.9,50,000/subject to withdrawal of all of the proceedings pending inter-se. Therefore, they seek indulgence of this Court at this stage.

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Mr. Ragada, learned Additional Government Advocate for the State submits that since essentially this is a matrimonial dispute and the the parties have settled their disputes amicably, there is no legal impediment in quashing the criminal proceedings. Moreover, the application under Section 13B of the Hindu Marriage Act move by the parties has been deferred awaiting the termination of the criminal prosecution lodged by the Opposite Party No.2 against the Petitioner. Therefore, the prayer as made by the Petitioner supported by the Opposite Party No.2 deserves to be allowed.

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Learned counsel for the Petitioner submits that inter-se there are as many as three F.I.Rs. dated 01.05.2023 in Purighat P.S. Case No.101 of 2023, dated 26.02.2023 in Purighat P.S. Case

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Page 2 of 3

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No.44 of 2023 and dated 14.01.2023 in Purighat P.S. Case No.10 of 2023. Since the parties have now resolved their dispute amicably outside the Court, the Petitioner and the Opposite Party No.2 have filed three separate petitions.

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The Petitioner-Sekhar Agarwal was directed to appear before this Court. However, he is appearing through V.C. while driving a car. This Court has taken serious view of this wrongful gesture shown by the Petitioner, for which the Petitioner is saddled

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with a cost of Rs.5,000/- to be paid to the Opposite Party No.2. 8. Taking into consideration the aforementioned facts and submission at the Bar, the F.I.R. dated 01.05.2023 in G.R. Case No.248 of 2023 arising out of Purighat P.S. Case No.101 of 2023 pending in the Court of the learned S.D.J.M.(S), Sadar, Cuttack and the consequential proceedings arising therefrom are quashed.

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The CRLMC is disposed of.

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Feb-2024 11:26:00

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Sekhar Agarwal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sekhar Agarwal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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