DEBIPRASAD DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has prayed for quashing of the criminal proceeding in GR Case No.152 of 2019 arising out of Kendrapara P.S. Case No.17 of 2019 for commission of offence under Ss. 498-A/323/506/406/34 of I.P.C. and Sec. 4 of the Dowry Prohibition Act pending before the court of learned S.D.J.M., Kendrapara including the order of cognizance dtd. 28/9/2020.

(2.) The facts of the case are that, marriage between Petitioner No.1 and Opposite Party No.2 solemnized on 7/7/2012 before the Marriage Officer, Cuttack under the Special Marriage Act. The Petitioner Nos.2 and 3 are the parents-in-law of Opposite Party No.2. Due to dispute and misunderstanding, the marital relationship between the parties was disturbed and thus the F.I.R. dtd. 12/9/2019 in Kendrapara P.S. Case No.17 of 2019 was lodged by Opposite Party No.2 alleging demand of dowry with torture.

(3.) It is submitted on behalf of the Petitioner that in the meantime the matrimonial dispute between the parties have been settled out of court and as there was no chance of reunion, Petitioner No.1 and Opposite Party No.2 agreed to dissolve their marriage and accordingly filed a petition for divorce on mutual consent before the learned Family Judge, Bhubaneswar in CP No.460 of 2021. As per the settlement, Petitioner No.1 was required to pay a sum of Rs.9.00 lakhs to Opposite Party No.2 towards permanent alimony in two equal installments. Pursuant to the same, Opposite Party No.2 has already received the payment on 21st June and 21/7/2021 vide B.D. No.238297 dtd. 16/6/2021 and B.D. No.238328 dtd. 20/7/2021 respectively, drawn on UCO Bank, Marsaghai branch. It is further submitted that learned Judge, Family Court, Bhubaneswar by judgment dtd. 21/7/2021 has ordered for divorce on mutual consent between Petitioner No.1 and Opposite Party No.2 by dissolving the marriage.