ANUP KUMAR SHARMA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 Cr. P.C. has been filed by the petitioner for quashing Cuttack Mahila P.S. Case No. 110 of 2019 corresponding to G.R. Case No. 1796/2019 pending before the learned S.D.J.M. (S), Cuttack for commission of offences punishable under Ss. 498-A, 323, 294, 34 of IPC read with Sec. 4 of the D.P. Act.

(2.) The petitioner no.1 is the husband of the opposite party no.2 and petitioner nos.2 and 3 are the parents of the petitioner no.1.

(3.) Ms. R. Rajgarhia, learned counsel for the petitioner submits that petitioner no.1 had filed a suit for divorce i.e. C.P.No.25 of 2021 in the court of learned Judge, Family Court, Cuttack. As the matter has been settled between the parties, in the said proceeding, a petition for compromise dtd. 19/10/2022 has been filed under Order 23 Rule 3 of the C.P.C. and Sec. 21 of the Hindu Marriage Act read with Sec. 10 of the Family Court's Act, 1984 for dissolution of marriage by mutual consent where the permanent alimony has been settled at Rs.6,00,000.00 and Rs.3,00,000.00 has already been paid to the opposite party no.2. It has been stated in the petition that any or all complaints filed by either party or their family members shall be treated as withdrawn/closed and parties will cooperate for withdrawing or quashing of the cases. Copy of the compromise petition and the receipt showing payment of Rs.3,00,000.00 have been annexed to this application vide Annexures-3 and 4 respectively.