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2010 DIGILAW 554 (ORI)

Bibhuti @ Bibhuti Bhusan Rana v. State of Orissa

2010-08-05

B.K.NAYAK

body2010
ORDER 05.08.2010 — Heard learned counsel for the petitioners, learned Standing Counsel for the State and learned counsel appearing on behalf of opposite party No.2. On consent of the parties, Criminal Misc. Case is disposed of at the Stage of admission. In this application under Section 482 of the Code of Crimi¬nal Procedure, the petitioners pray for quashing of the F.I.R. in Bhubaneswar Mahila P.S. Case No. 104 of 2008 arising out of I.C.C. Case No. 2160 of 2008 corresponding to G.R. Case No. 2501 of 2008 pending in the Court of the learned S.D.J.M., Bhubaneswar on the ground that the informant (opposite party No.2) has al¬ready compromised the matter with the present petitioners and does not want to proceed further with the prosecution. The aforesaid P.S. Case has been registered against the petitioner under Section 498-A, 323/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act on the basis of the F.I.R. lodged by opposite party No.2. The petitioners have averred in the petition that the dispute between the petitioners on one side and the opposite party No.2 on the other has been amicably settled and that now the opposite party No.2 is staying in her matrimonial home i.e., the house of petitioner No.1 lead¬ing a happy conjugal life. Hence she does not want to proceed with the case. The opposite party No.2 has also entered appear¬ance before this Court and filed her affidavit wherein it has been stated that at the intervention of the family members, relatives and friends disputes between her and the petitioners have been resolved and now she is residing with her husband (petitioner No.1) in his house and leading a happy marital life. She also stated that she does not want to proceed with the case and wants to withdraw from the same in order to save her family life. It is well settled in the case of B.S. Joshi and others - v. State of Haryana and another, (2203) 25 OCR (SC) 99 that in the matter of matrimonial dispute, the High Court may exercise its power under Section 482 Cr.P.C. in quashing criminal proceeding. The ration of the aforesaid case is also followed by this Court in several cases including the case of Kulamani Das -vrs.-State of Orissa and others, (2010) 45 OCR 825. The ration of the aforesaid case is also followed by this Court in several cases including the case of Kulamani Das -vrs.-State of Orissa and others, (2010) 45 OCR 825. The ratio of the aforesaid decision fully applies to the facts of the present case and since the matrimonial dispute between the parties has been resolved amicably and the informant does not intend to proceed further with the prosecution of the petitioners, it would be an abuse of process of law and the Court to allow further continuance of the criminal proceeding. Hence the Criminal Misc. Case is allowed and the Criminal proceeding i.e. Bhubaneswar Mahila P.S. Case No. 104 of 2008 corresponding to G.R. Case No. 2501 of 2008 of the Court of the learned S.D.J.M., Bhubaneswar is quashed. Issue urgent certified copy. CRLMC allowed.