AMIT SHARMA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) Present application under 482 Cr.P.C. is filed by the petitioners for quashing of the order of cognizance dtd. 1/7/2010 passed in C.T. Case No.2107 of 2008 registered under Sec. (s) 498-A and 323 read with 34 IPC and Sec. 4 of the Dowry Prohibition Act pending in the file of learned S.D.J.M., Sambalpur.

(3.) Mr. B.K. Ragada, learned counsel for the petitioners submits that there has been a settlement arrived at between the parties, namely, petitioner No.1 and opposite party No.2 as both have obtained a decree of mutual divorce under Sec. 13(B) of the Hindu Marriage Act by approaching the Family Court, Cuttack in Civil Proceeding No.1089 of 2009. While contending so, Mr. Ragada has referred to Annexure-5 which is the order passed in C.P. No.1089 of 2009 whereby marriage between the parties has been dissolved on mutual consent.