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2022 DIGILAW 590 (ORI)

Anup Kumar Sharma v. State of Odisha

2022-12-07

SAVITRI RATHO

body2022
JUDGMENT Savitri Ratho, J. - This application under Section 482 Cr. P.C. has been filed by the petitioner for quashing Cuttack Mahila P.S. Case No. 110 of 2019 corresponding to G.R. Case No. 1796/2019 pending before the learned S.D.J.M. (S), Cuttack for commission of offences punishable under Sections 498-A, 323, 294, 34 of IPC read with Section 4 of the D.P. Act. 2. The petitioner no.1 is the husband of the opposite party no.2 and petitioner nos.2 and 3 are the parents of the petitioner no.1. 3. Ms. R. Rajgarhia, learned counsel for the petitioner submits that petitioner no.1 had filed a suit for divorce i.e. C.P.No.25 of 2021 in the court of learned Judge, Family Court, Cuttack. As the matter has been settled between the parties, in the said proceeding, a petition for compromise dated 19.10.2022 has been filed under Order 23 Rule 3 of the C.P.C. and Section 21 of the Hindu Marriage Act read with Section 10 of the Family Court's Act, 1984 for dissolution of marriage by mutual consent where the permanent alimony has been settled at Rs.6,00,000/- and Rs.3,00,000/- has already been paid to the opposite party no.2. It has been stated in the petition that any or all complaints filed by either party or their family members shall be treated as withdrawn/closed and parties will cooperate for withdrawing or quashing of the cases. Copy of the compromise petition and the receipt showing payment of Rs.3,00,000/- have been annexed to this application vide Annexures-3 and 4 respectively. 4. Considering the above submission, issue notice to opposite party in the CRLMC as well as in the I.A. 5. Notice on behalf of opposite party no.1 is accepted by Ms. S. Pattnaik, learned Additional Government Advocate. Waiving notice, Mr. Manish Nag Das, learned counsel submits that he has instruction to appear on behalf of opposite party no.2. Vakalatnama filed by him be kept in the record. 6. Mr. M.N. Das also files an affidavit in Court today sworn by opposite party no.2 stating that the matter has been settled between the parties and she has no objection if the petition is allowed. The said affidavit be kept in the record. Copy of the affidavit be served on Ms. S. Pattnaik, learned Additional Government Advocate. 7. Learned counsels submit that the parties shall appear in person tomorrow. Hence list this matter tomorrow i.e. 08.12.2022.