Manas Kumar Mishra And Others vs State Of Odisha And Another

Sashikanta Mishra, J

This matter is taken up through virtual mode.

Heard learned counsel for the Petitioners, learned counsel for Opposite Party No.2 and learned Addl. Standing Counsel for the State.

This is an application under Section 482 of the Cr.P.C. The Petitioners are accused persons in Crl. Tr. No.97/2019 pending in the court of Asst. Sessions Judge-cum-Special Track Court, Bhubaneswar.

The Opposite Party No.2 has already filed an affidavit stating the fact of compromise, the same be kept on record. It is submitted that the matter, which is basically a matrimonial dispute, has been amicably settled between the parties. The petition for maintenance filed by the wife in the Family Court, Dhenkanal has been withdrawn and so also the proceeding under the PWDV Act in the Court of learned S.D.J.M., Dhenkanal. The only proceeding between the parties is the one pending before the Family Court where an application for divorce on mutual consent has been filed.

List this matter on 28th July, 2023.

It is made clear that pendency of this case or the criminal case pending before the learned Addl. Sessions Judge-cum-Special Track Court, Bhubaneswar shall not be a bar for the Judge, Family Court to pass necessary orders on the application filed by the parties for mutual divorce.

Let the parties appear before this Court on 28th July, 2023.

I.A. NO.1687 OF 2023

In the interim, it is directed that further proceeding in C.T. Case No.2487/2016 pending in the court of learned Addl. Sessions Judge-cum-Special Track Court, Bhubaneswar shall remain stayed till the next date.

Urgent certified copy of this order be granted on proper application.

…………………………….