LAWS(ORI)-2012-7-28

BULU @ DEBABRATA KHATUA Vs. STATE OF ORISSA

Decided On July 25, 2012
Bulu @ Debabrata Khatua Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The present application under Section 482, Cr.P.C. has been filed by the petitioners to quash the criminal proceeding pending before the learned Addl.Chief Judicial Magistrate (Special), Cuttack in S.T.Case No.248 of 2011 arising out of Cuttack Mahila P.S.Case No. 29 of 2010 corresponding to G.R.Case No. 753 of 2010 of the court of learned S.D.J.M., Cuttack for commission of offence under Sections 498-A, 307, 406/34, IPC and Section 4 of the D.P. Act.

(2.) The facts of the case, in nutshell is that, petitioner no.1 married to opposite party no.2 on 27.2.2002 as per the Hindu rites and customs. Due to the dissention cropped up between the parties, opposite party no.2 lodged an F.I.R. before the I.I.C., Mahila Police Station, Cuttack, which was numbered as Cuttack Mahila P.S.Case No. 29 of 2010 and after due investigation charge-sheet was filed against the petitioners in G.R.Case No. 753 of 2010 of the court of learned S.D.J.M., Cuttack for commission of offence under Sections 498-A, 307, 406/34, IPC and Section 4 of the D.P. Act and thereafter, the case was committed to the learned Addl.Chief Judicial Magistrate (Special), Cuttack in S.T.Case No.248 of 2011. During the pendency of the said criminal proceeding, though efforts were made by the friends and relatives of both the parties to settle the matter amicably, but the same yielded no result and both the parties finally agreed to settle the dispute by way of dissolution of marriage. Accordingly, both the petitioner no.1 and opposite party no.2 filed an application before the learned Judge, Family Court, Cuttack under Section 13(B) of the Hindu Marriage Act for mutual divorce. Thereafter, learned Judge, Family Court, Cuttack by order dated 29.3.2012 passed a decree of divorce (Annexure-3).

(3.) Learned counsel for the petitioners asserts that since both the petitioner no.1 and opposite party no.2 have agreed to approach the courts for settlement of the criminal case and both parties agreed to co-operate each other to terminate the criminal proceeding, the petitioners have filed the present application for quashing the criminal proceeding initiated at the behest of the opposite party no.2.