PRAGYANDIPTA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 482 of Code of Criminal Procedure has been filed by the petitioner with a prayer to quash the proceeding in G.R. Case No. 2179 of 2001 pending before the Court of learned Subdivisional Judicial Magistrate, Bhubaneswar for the offences punishable under Sections 498 -A/313/406/34 I.P.C.

(2.) THE opposite party No. 2 is the wife of the petitioner No. 1. Both of them filed an application under Section 13 -B of the Hindu Marriage Act, 1955 for a decree of mutual divorce before the Judge, Family Court, Cuttack which was registered as Civil Proceeding No. 505 of 2004. In that petition one of the conditions as mentioned in paragraph -10 thereof is that it is further decided that a Demand Draft of Rs. 1,75,000.00 in the name of the wife will be deposited in the Family Court in that case by the husband. Thereafter a date will be fixed for consideration of the application for decree of mutual divorce and in the meantime both the parties will take appropriate steps for closure in G.R. Case No. 2179 of 2001.

(3.) BOTH the learned counsel, i.e., for the husband and for the wife relied upon the decision of Punjab and Haryana High Court in the case of Ravinder Krishan and Ors. v. Union Territory Administration, Chandigarh and Ors. 1997 Crl.L.J. 9 in which relying upon the decisions of the Hon'ble apex Court in the cases of Y. Suresh Babu v. State of A.P., JT 1987(2) SC 361 and Mahesh Chand v. State of Rajasthan, AIR 1988 SC 2111 it has been observed that all matrimonial disputes including those contained in the First Information Report in question have been amicably settled between petitioner No. 1 and opposite party No. 2 and 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.