PRADIPTA KUMAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this application under Section 482 of the Code of Criminal Procedure with a prayer to quash the proceeding in Criminal Appeal No. 55/1991 pending in the Court of Additional Sessions Judge, Puri arising out of the judgment and order of conviction passed by the Chief Judicial Magistrate, Puri in G.R. Case No. 1396 of 1989 on 10.4.1991.

(2.) THE brief facts leading to this application are that opposite party No. 3, who is the wife of the petitioner, filed an F.I.R. against the petitioner and others 5.7.89, basing upon which the aforesaid G.R. Case No. 1396 of 1989 was registered. The petitioner was charged under Sections 498 -A and 379 of the Indian Penal Code (in short, 'the I.P.C.) and Section 4 of the Dowry Prohibition Act (in short, the D.P. Act) read with Section 34 of I.P.C. It is worthwhile to mention here that the petitioner was charged along with other co -accused persons and ultimately, the petitioner along with them was convicted by the learned Chief Judicial Magistrate, Puri in respect of the alleged offences under Sections 498 -A/406 of I.P.C. and Section 4 of D.P. Act read with Section 34 of I.P.C. All of them were sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 5000/ - each, in default to undergo R.I. for a period of six months under Section 498 -A read with Section 34 I.P.C. and to undergo R.I. for a period of six months and to pay fine of Rs. 2000/ - each in default to undergo R.I. for a period of three months under Section 4 of D.P. Act read with Section 34 I.P.C. In addition to that the present petitioner, Pradipta Kumar Swain was sentenced to undergo R.I. for a period of six months under Section 406 I.P.C. The substantive sentences were ordered to run concurrently. The said order of conviction was challenged in Criminal Appeal No. 55 of 1991 before the First Additional Sessions Judge, Puri and while disposing of the said Appeal, the learned Additional Sessions Judge set aside the order of conviction and sentence under Section 4 of D.P. Act, maintained the order of conviction and sentence under Sections 498 -A/34 of I.P.C. passed by the trial Court against all the accused persons and that under Section 406 of I.P.C. against the present petitioner only. The said order of the appellate Court was challenged in Criminal Revision Case No. 508 of 1993. This Court while disposing of the aforesaid Criminal Revision on 8.11.93 passed the following orders :

(3.) DURING course of hearing of this CRMC petition, on 25.3.2002, opposite party No. 3 has filed an affidavit in this Court disclosing the following facts : -