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2007 DIGILAW 167 (ORI)

Nanda Kishore Singh v. State of Orissa

2007-03-13

A.K.SAMANTARAY

body2007
ORDER 13.3.2007 — This CRLMC under Section 482 of the Cr.P.C. has been filed by the petitioners with a prayer for quashing the proceeding in G.R. Case No.841/2006 corresponding to Jatni PS Case No.47 (23) pending in the Court of S.D.J.M., Bhubaneswar. Brief fact giving rise to this CRLMC is that petitioner No.1, Nanda Kishore SIngh, and old man of 71 years, petitioner No.2, Bilashini Singh, aged 67 years is the wife of petitioner No.1 and petitioner No.3, Kalu Charan Singh is their son. The marriage of Shantilata Singh, the sister of the informant of this G.R. Case was solemnized with petitioner No.3 in the year 2004 as per the Hindu rites and customs. Sometime after the marriage there was, as alleged, demand of a further sum of Rs.40,000/- by these petitioners for which there arose dispute between the two families and Shantilata Singh, the wife of petitioner No.3 and the sister of the informant, was ill-treated and on 25.2.2006 after the informant left Shantilata Singh in the house of the petitioners there was attempt on her life and the informant went and brought his sister and lodged an F.I.R. on 26.2.2006 on the basis of which the case was registered under Sections 498-A, 323, 307, 506/34 of the Indian Penal Code and under Section 4 of the D.P. Act by the Jatni Police. It is submitted by learned counsel appearing for the peti¬tioner that in the meantime at the intervention of gentlemen from both sides the matter was settled and since June, 2006 both petitioner No.3 and his wife Shantilata Singh are living peace¬fully in the house of the petitioners and leading a happy conju¬gal life. Both Shantilata Singh, wife of the petitioner No.3 and the informant filed affidavits separately stating therein that the matter has been settled and neither of them wants to proceed with the case as conjugal harmony has come back and both of them are leading a happy conjugal life since then. Both Shantilata Singh, wife of the petitioner No.3 and the informant filed affidavits separately stating therein that the matter has been settled and neither of them wants to proceed with the case as conjugal harmony has come back and both of them are leading a happy conjugal life since then. In view of the affidavits filed by both the informant and the victim of the alleged torture and their submission in the Court by learned counsel that the matter has been settled and both of them are leading a happy conjugal life, I had directed the couple to appear before me in person and today both of them appeared and I ascertained from both petitioner No.3 as well as his wife Shantilata Singh about the present factual position and both of them submitted that they are living peacefully as husband and wife and there is absolutely no dispute between them and there is no necessity of keeping this case pending any further. Heard learned counsel for the parties and learned Addl. Standing Counsel who are present and learned counsel appearing for the informant, Benudhar Singh, submits that in the changed factual scenario his client does not want to proceed with the case nor the victim, Shantilata Singh. It is submitted by the learned counsel that pendency of the criminal case is absolutely of no useful purpose, rather it creates a sense of fear psychosis in the mind of the parties and for that putting to an end to the proceeding would be in the interest of all and specifically in the interest of petitioner No.3 and his wife Shantilata Singh. Being satisfied about the genuineness of the settlement and leading of a happy conjugal life by petitioner No.3 and his wife Shantilata Singh since June, 2006, I think it would be just and proper to put an end to this criminal litigation which was initi¬ated against the petitioners by the informant, brother of said Shantilata Singh, by lodging an F.I.R. on 26.2.2006. In the result, I quash the proceeding in G.R. Case No.841/2006 arising out of Jatni PS case No.47 (23) against the petitioners pending in the Court of S.D.J.M., Bhubaneswar. The CRLMC is disposed of accordingly at the stage of admis¬sion. Issue urgent certified copy of the order on proper applica¬tion. CRLMC disposed of.