ALEKHA CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in this application filed under Section 482 of the Code of Criminal Procedure seek to quash the proceeding in G.R.Case No. 1522 of 2005.

(2.) THE opp. party No. 2 - Sukanti Behera filed a complaint case being ICC Case No. 1525 of 2005 in the Court of the learned S.D.J.M., Bhubaneswar alleging that though she lodged an F.I.R. against the petitioners for commission of offence under Sections 493/376/ 506/313/498A/307/34 IPC read with Section 4 of the D.P.Act, as no steps were taken by the police, she lodged the complaint case. The said complaint petition was sent by the learned S.D.J.M. to the Balianta Police Station under Section 156(3) Cr.P.C. for investigation. On the basis of the said complaint petition, Balianta P.S.Case No. S3 of 2005 was registered and after completion of the investigation, a charge sheet has been filed for offences punishable under Sections 498A/ 307/313/34 IPC read with Section 4 of the D.P.Act and cognizance of the said offences has been taken by the learned Magistrate.

(3.) LEARNED Counsel for the petitioners submits that prior to initiation of the aforementioned criminal proceeding, the complainant filed an application under Section 125 Cr.P.C. against the husband of the petitioner No. 2, numbered as CMC No. 129 of 2004 in which she stated that as at the time of marriage, she was continuing her studies with consent of her in -laws, she was taken to her parents' house for appearing in the examination. Even after completion of her examination, since neither the petitioner No. 2 nor any of the in -laws was interested to take her back, the matter was brought before the gentlemen of the village. But as the petitioners did not pay any heed to the decision made by the gentlemen, she filed an application under Section 125 Cr.P.C. for grant of maintenance. After closure of evidence from the side of the complainant in the said proceeding for maintenance, she was further re -examined and deposed on oath that the disputes between the parties have been settled with the help of village gentlemen and she had received Rs. 1,60,000/ - as lump sum amount towards life time maintenance and she was not interested to prosecute the said case any further as well as the criminal proceeding initiated by her. A joint compromise to that effect was filed before the learned J.M.F.C. in the petition under Section 125 Cr.P.C.