Gupta Prasad Panda vs State Of Odisha Vs

Savitri Ratho, J

This CRLMC has been filed with the prayer for quashing the  FIR  dated  09.12.2022  as  well  as  the  charge-sheet  No.63  of 2023 dated 29.03.2023 in Narasinghpur P.S. Case No.271 of 2022, corresponding to C.T. Case No.434 of 2022 pending in the Court of learned J.M.F.C., Narasinghpur, against the petitioners for commission of offences punishable under Sections 498-A/294/323/506/34 IPC read with Section 4 of the D.P. Act.

Petitioner no.1 is the husband of petitioner no.2. Petitioners  No.2  and  3  are  the  parents  in  law  of  opposite  party No.2.

On 9.5.2024 the wife had been added as opposite party No.2 to this petition and notice had been issued to her by speed/registered post with AD. Mr. Basudev Pujari and associates have appeared on behalf of opposite party No.2. By the same order, the matter had been referred to mediation, so that the possibility of settlement could be explored by the mediator. The mediator reported that the mediation had failed. The matter was taken up by this Court and an order was passed on 16.04.2025 regarding settlement. Relevant portion of said order is quoted below:

“2. The petitioners have agreed to pay Rs.22,00,000/-(Rupees twenty two lakhs) as permanent alimony to the opposite party No.2.

The opposite party No.2 is agreeable to the same and both the parties are directed to file a joint affidavit in that regard, by the next date.”

Pursuant  to  this  order  the  petitioner  No.1-husband  and opposite  party  No.2  file  a  joint  affidavit  to  this  Court  which  is taken on record. The mutual terms and conditions contained in the affidavit are extracted below.

“A) In view of aforesaid compromise based on the Joint Affidavit, this Hon’ble Court may kindly be pleased to quash the C.T. Case No.434 of 2022, arising out of Narasinghpur P.S. Case No.271 of 2022 for commencing offence punishable U/s.498(A)/294/323/506/34 of IPC r/w. U/s.4 of D.P. Act, 1961, pending before the court of Learned J.M.F.C., Narasinghpur.

B) The Opp. Party No.2-wife shall not proceed further and withdraw the petition filed by her U/s.125 of Cr.P.C., vide CRP No.6 of 2023 which is pending before the Court of Learned J.M.F.C., Narasinghpur.

C) The  Petitioner  No.1-husband  shall  not  proceed further and withdraw the C.P. Case No.518 of 2023, filed U/s. 13 of the Hindu Marriage Act, 1955, for dissolution of marriage, pending before the Learned Judge, Family Court, Cuttack.”

It has also been agreed between the Petitioner No.1-husband and Opposite Party No.2-wife, that a petition for mutual divorce/dissolution of marriage under Section 13-B of Hindu Marriage Act shall be filed, subject to payment of permanent alimony of Rs.22 lakhs by the petitioners to opposite party No.2. It has also been agreed that the amount shall be paid to the opposite party No.2 in three installments in the Court of the learned Family Judge, Cuttack where the application for mutual divorce is proposed to be filed. The details of the installments, as mentioned in the joint affidavit, are extracted below:

“1)  As  per  the  mutual  consent  of  the  both  the parties, the Petitioner No.1-husband shall pay the 1st instalment a sum of Rs.7,00,000/- (Rupees Seven Lakh) to the Opp. Party No.2-wife by way of online transfer to her account in her UCO Bank Account No.04060110097885, IFSC No.UCBA0000406/ Demand Drat (D.D.) in any Nationalized Bank, on the date of institution of the proceeding U/s.13 (B) of Hindu Marriage Act, for dissolution of Marriage on mutual consent before the Court of Learned Judge, Family Court, Cuttack.

II) The 2nd Instalment i.e. Rs.7,00,000/- (Rupees Seven Lakh) shall be paid to the Opp. Party No.2-wife by way of online transfer to her account in her UCO Bank Account No.04060110097885, IFSC No.UCBA0000406/ Demand Draft (D.D.) in any Nationalized Bank, on the date of Conciliation of the proceeding-initiated U/s. 13(B) of the Hindu Marriage Act.

III) The 3rd Instalment shall be paid to the tune of Rs.8,00,000/- (Rupees Eight Lakh) to the Opp. Party No.2-wife by way of online transfer to her account in her UCO Bank Account No.04060110097885, IFSC No.UCBA0000406/ Demand Draft (D.D.) in any Nationalized Bank, on the date of filing of evidence affidavit and her deposition before the Court of Learned Judge, Family Court, Cuttack.”

The formal decree of dissolution of marriage by mutual divorce to be passed by learned Judge Family Court, Cuttack after filing of the joint application under Section 013  -B of the Hindu marriage Act . I am of the view that pendency of C.T. Case No.434  of  2022  will  not  serve  any  useful  purpose  and  will  only cause inconvenience to the petitioners and opposite party No.2 who have settled the matter amicably.

Therefore, in view of the settlement between the parties, the  joint  affidavit  filed  today  and  the  decisions  of  the  Supreme Court  in  the  case  of  Aditi  Wadhera  vs. Vivek  Kumar  Wadhera:2017 (11) SCC 241 and Anu Bhandari vs. Pradip Bhandari: 2018 (6) SCC 389, it is ordered that the proceeding in C.T. Case No.434 of 2022 in the Court of learned J.M.F.C., Narasinghpur which arises out of Narsinghpur P.S. Case No.0271 of 2022 pending against the petitioners for commission of offences punishable under Sections 498-A/294/323/506/34 IPC read with Section 4 of the D.P. Act, stands quashed.

This order is liable to be recalled in case the application under Section 13-B of the Hindu Marriage Act is not filed and/or permanent alimony is not paid to the opposite party No.2 in terms of the joint affidavit sworn between the parties, which has been taken on record today.

The CRLMC is disposed of with the aforesaid observation.

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