BASANTA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal procedure has been filed by the petitioners with a prayer to quash the proceeding in G.R. Case No. 5 of 2003 pending before the Court of Learned JMFC, Pattamundai.

(2.) IT appears that on 3.1.2003 an FIR was lodged by Petitioner No. 2 against Petitioner No. 1 which was registered as Rajkanika P.S. Case No. 2 of 2003 for the offences under Sections 498(A), 494, 406, 109 and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. There are Co -accused as shown in the FIR besides Petitioner No. 1, who are family members of Petitioner No. 1. Consequently, the police has filed the charge -sheet in G.R. Case No. 5 of 2003, which has been registered in the Court of the Learned JMFC, Pattamundai. Thereafter, it appears that a petition for mutual divorce under Section 13(B) of the Hindu Marriage Act was filed before the Judge, Family court, Cuttack by Petitioners No. 1 and 2, who are husband and wife respectively. The Learned Judge, Family Court passed a decree for divorce of the parties by dissolving the marriage solemnized on 6.7.1999 leaving out the statutory period of six months vide judgment and decree dated 22.1.2004. Now both Petitioner Nos. 1 and 2, i.e., the husband and wife are living separately and happily and there remains no dispute between them. Before this Court both have come for quashing of the Criminal Proceedings pending against Petitioner No. 1 and other accused persons.

(3.) THE Punjab and Haryana High Court in the case of Ravindra Krishna and Ors. v. Union territory Administration, Chandigarh and Ors., 1997 Crl.L.J. 9 relying upon the decision of Hon'ble Apex Court in the case of Y. Suresh Babu v. State of A.P., J.T. 1987 (2) SC 361 has observed that all matrimonial disputes including those contained in the First Information Report in question have been amicably settled between Petitioner No. 1 and Opp. Party No. 2 after their marriage has been dissolved by a decree of divorce by mutual consent. Once the parties have settled their disputes and differences, it would be an exercise in futility to file the challan in the Court and to proceed with the trial. Further, it has been observed by the High Court that looking to the totality of the facts and circumstances of the case and larger interest of justice it is just and proper, if the parties are not dragged to the Court to face a trial in a Criminal charge which has lost its objective.