RABISHANKAR ALIAS RAMESH MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This CRLMC arises out of a petition under Section 482 of Cr.P.C. filed by the petitioners seeking quashing of the proceeding in G.R.Case No. 140 of 20.05 pending before the Court of S.D.J.M., Padampur.

(2.) THE facts of the case lie in a narrow compass. Petitioner No. 1 married opposite party No. 2 on 6.3.2003 in accordance with Hindu Rites and their caste custom. Sometimes thereafter skirmishes erupted between the petitioner and his family members in one hand and opposite party No. 2 on the other. So, opposite party No. 2 filed I.C.C. Case No. 12 of 2005 before the Court of S.D.J.M., Padampur, against the petitioner, his parents and sister on accusation of commission of offence under Sections 498 -A/294/506/34, IPC read with Section 4 of the D.P.Act. The complaint petition having been referred to the O.I.C. of Jharbandha P.S. under Section 156(3) of Cr.P.C. by the S.D.J.M., it was treated as F.I.R. and registered as G.R.Case No. 140 of 2005. While investigation into the case was in progress, opposite party No. 2 filed a petition before the S.D.J.M., to drop the proceeding, as she was no more interested in it in view of the compromise entered into between the parties out -side the Court. But instead of allowing the petition, the trial Court tagged the G.R.Case and the complaint case to be tried together. Opposite party No. 2 had also filed a petition under Section 125 of Cr.P.C. claiming maintenance against petitioner No. 1 before the S.D.J.M., Padampur vide Criminal Misc. Case No. 21 of 2005. On filing of a joint compromise petition by both the parties the case was dropped. Under such circumstances the present CRLMC has been filed under Section 482 of Cr.P.C. to quash the proceeding of the G.R.Case.

(3.) LEARNED counsel for the petitioners submits that mutual settlement should be encouraged in such a case. It is a fit case where the extraordinary power conferred on this Court should be exercised to quash the proceeding of the G.R.Case No. 140 of 2005.