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2019 DIGILAW 585 (ORI)

Satyabrata Parida v. State of Odisha

2019-09-16

S.K.SAHOO

body2019
ORDER : S.K. Sahoo, J. 1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for opposite party no. 2. 2. In this application under section 482 Cr.P.C, the petitioner Satyabrata Parida has prayed for quashing the entire criminal proceeding in Tangi P.S. Case No. 111 of 2018 which corresponds to G.R. Case No. 146 of 2018 pending in the Court of learned J.M.F.C. -cum- N.G.N., Tangi for commission of offences under sections 498-A/294/323/494/312/506/34 of the Indian Penal Code. 3. It is contended by the learned counsel for the petitioner that the opposite party no. 2 is the wife of the petitioner and due to matrimonial dispute between the parties, the opposite party no. 2 instituted the case and now the matter has been amicably settled between the parties and the opposite party no. 2 is no more interested to proceed with the case and therefore, the criminal proceeding be quashed. 4. Learned counsel for the opposite party no. 2 placed the affidavit filed by the opposite party no. 2 wherein it is mentioned that after registration of the F.I.R., the matter has been compromised by the village gentlemen in presence of her family members as well as that of the petitioner and she and the petitioner are residing separately but peacefully and she does not want to proceed against the petitioner and she CRLMC No. 3049 of 2018 has no objection if the proceeding against the petitioner is quashed. 5. Learned counsel for the State has produced a letter dated 18.03.2019 of the I.I.C., Tangi police station wherein it is mentioned that after enquiry, it is came to light that there has been settlement between the petitioner and the opposite party no. 2 and now the opposite party no. 2 is not interested to proceed further in the case and desired to withdraw the case. 6. Considering the submissions made by the learned counsel for the respective parties, since the case arises out of a matrimonial dispute and the matter has been amicably settled between the parties and the opposite party no. 2 and now the opposite party no. 2 is not interested to proceed further in the case and desired to withdraw the case. 6. Considering the submissions made by the learned counsel for the respective parties, since the case arises out of a matrimonial dispute and the matter has been amicably settled between the parties and the opposite party no. 2-wife is not interested to proceed with the case, I am of the humble view that no purpose would be served in allowing the proceeding to continue and it would be a sheer wastage of valuable time of the Court and accordingly, invoking the inherent powers under section 482 Cr.P.C. and in order to prevent abuse of process of the Court and to ensure the ends of justice, I am inclined to accept the prayer made in this application and direct that the entire criminal proceeding in Tangi P.S. Case No. 111 of 2018 which corresponds to G.R. Case No. 146 of 2018 pending in the Court of learned J.M.F.C. -cum- N.G.N., Tangi stands quashed. 7. Accordingly, the CRLMC is allowed. 8. Issue urgent certified copy as per Rules.