Nitish Prasad & Others vs State Of Odisha & Another

S.S. Mishra, J

Heard.

At the instance of the opposite party no.2, the F.I.R., i.e., Berhampur Mahila P.S. Case No.53 of 2022 came to be registered against the petitioners under Sections 498-A/294/323/364-A/506/34 of the IPC read with Section 4 of the D.P. Act corresponding to Special G.R. Case No.835 of 2022 pending in the Court of learned S.D.J.M., Berhampur.

The dispute is arising out of a matrimonial discord and the parties have settled their dispute. Pursuant to the settlement, they have applied for dissolution of their marriage under Section 13-B of the Hindu Marriage before the Court of learned Judge, Family Court, Berhampur. The said Court vide judgment dated 31.10.2023 passed in Civil Proceeding No.430 of 2022 allowed the prayer of the petitioner and dissolved the marriage on mutual consent.

The petitioner no.1 and opposite party no.2 are present before this Court through virtual mode along with their respective counsel, who are identified them.

Learned counsel for the petitioners hands up the certified copy of the aforesaid judgment of the family court and submits that the terms of settlement has already been enumerated in the said judgment and the same may be form part of the present proceeding. The certified copy of the judgment of Family Court, Berhampur dated 31.10.2023 passed in Civil Proceeding No.430 of 2022 is taken on record.

Mr. Maharaj, learned Additional Standing Counsel submits that since the dispute is essentially a matrimonial dispute and parties have settled their dispute and opposite party no.2 is not interested to prosecute the petitioners any more and keeping in view the decisions of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675, this Court can give indulgence.

Taking into consideration the aforementioned fact and submission at bar and the judgment t of Hon’ble Dupreme Court, the F.I.R., i.e., Berhampur Mahila P.S.Case No.53 of 202 corresponding to Special G.R. Case No.835 of 2022 pending in the Court of learned S.D.J.M., Berhampur and the consequential proceedings arising therefrom qua the petitioners are quashed.

The CRLMC is accordingly disposed of..

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