TEJ KISHORE SRIVASTAV Vs. STATE OF ORISSA

JUDGEMENT

(1.) The facts leading to the present case had a romantic beginning but a tragic end. Petitioner No .1 and opposite party No.2 were students of the same educational institution. They fell in love at a very tender age and as love has no barriers, in spite of stiff opposition from the family members they got married. The initial hurdles created by the orthodox families were successfully foueht out bv both of them. Thev led a blissful conjugal life and were blessed with a son. But then they became victims of the wrath of their elders. Opposite party No.2 wife, it is alleged, was also subjected to un-surmountable hardship and torture. Unable to bear the agony she left her matrimonial house along with her son and took shelter with her grand parents. Criminal cases were initiated among the parties inter se. On the basis of an FIR filed by opposite party No. 2 alleging commission of offences under Sections 498-A/34 IPC and Section 4 of Dowry Prohibition Act, G.R. Case No. 673 of 2001 was registered against the husband and in-laws in the Court of the SDJM, Panposh, Rourkela. Thereafter both petitioner No. 1 and opposite party No. 2 decided to dissolve the marriage and to get rid of the litigations and accordingly filed a petition under Section 13-B of the Hindu Marriage Act which was registered as Civil Proceeding No. 147 of 2005 in the Court of the Judge, Family Court at Rourkela.

(2.) Para - 11 of the said petition, a copy of which has been filed before this Court, is quoted below :

(3.) On the basis of the said settlement the present CRLMC has been filed under Section 482 CrPC with a prayer to quash the proceedings of G.R. Case No.675 of 2001 which is now pending before the JMFC, Rourkela against the husband and his family members. Petitioner No.2-wife has entered appearance in this case through her counsel and has also filed an affidavit inter alia stating that through intervention of the family members and well-wishers the dispute among her and her husband and in-laws having been amicably settled and in consonance with the said settlement a sum of Rs. 1,50,000.00 has been agreed to be paid to her towards her permanent alimony. The parties also decided to withdraw all the cases initiated by them. In consonance with the terms of the compromise a joint petition was filed by the parties before the JMFC, Rourkela for dropping the said G.R. Case, but then as the JMFC rejected the prayer and so also the Addl. Sessions Judge, Rourkela in revision arising out of the order of the JMFC, the present CRLMC has been filed and that she has no objection if the proceedings of aforesaid G.R. Case are quashed.