HAREKRUSHNA MAJHI Vs. STATE OF ORISSA & ANR

JUDGEMENT

(1.) This is an application filed by the petitioner Harekrushna Majhi for quashing the criminal proceeding in G.R. Case No.690 of 2003 pending in the Court of learned J.M.F.C., Nimapara arising out of Konark P.S. Case No. 103 of 2003 for commission of offences punishable under sections 498-A/494/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

(2.) The case was instituted on the First Information Report lodged by the opposite party no.2 Rajalaxmi Patra @ Majhi before the Inspector in Charge, Konark Police Station on 14.11.2003.

(3.) The opposite party no.2 has filed an affidavit indicating therein that the petitioner filed a divorce case before the Judge, Family Court, Rourkela and it was decreed in his favour subject to payment of Rs.70,000./- to the opposite party no.2 and that order was challenged by the opposite party no.2 before this Court in M.A.T.A. No. 17 of 2002 and in the meantime at the instance of the family members, well wishers, it was decided that the petitioner and the opposite party no.2 would live separately and the petitioner agreed to pay a sum of Rs. 1,00,000/-, in addition to sum of Rs. 70,000/- as was awarded by the learned Judge, Family Court, Rourkela towards permanent alimony. It is further stated in the affidavit that due to ill feeling and misunderstanding between the parties, the case was instituted and since the matter has been amicably settled between the parties and both the parties have agreed to live separately, the opposite party no.2 does not want to proceed with the case.