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Judgment
S.K. Panigrahi, J
This matter is taken up through Video Conferencing mode.
Mr. Soubhagya Kumar Dash, learned Advocate files Vakalatnama and enters appearance on behalf of the opposite party no.2. The same be kept
on record.
Heard learned counsel for the parties.
In this CRLMC, the petitioners have made a prayer to quash the proceeding initiated against them in G.R. Case No.78 of 202, arising out of
Nandapur P.S. Case No.14 of 2021, pending in the court of learned S.D.J.M., Koraput on the ground of compromise.
Learned counsel for the petitioners submits that the petitioner no.4 and the opposite party no.2 had filed a joint application i.e. Civil Proceeding
No.166 of 2021 under Section 13-B of the Hindu Marriage Act, 1955 with a prayer for dissolution of their marriage by a decree of divorce on mutual
consent before the learned Judge, Family Court, Berhampur. The said application has been allowed by the learned Judge, Family Court, Berhampur
vide the judgment and order dated 28.10.2021 and accordingly, the marriage between the petitioner no.4 and the opposite party no.2 has been
dissolved by a decree of divorce on mutual consent with effect from the date of decree.
Learned counsel for the opposite party no.2 submits that the opposite party no.2 has filed an affidavit stating therein the aforesaid facts. In the said
affidavit it has further been stated by the opposite party no.2 that she has received a sum of Rs.4.00 lakhs towards permanent alimony and she does
not have any objection, if the proceeding in G.R. Case No.78 of 2021 arising out of Nandapur P.S. Case No.14 of 2021 pending in the court of the
learned S.D.J.M., Koraput is quashed on the ground of compromise.
Keeping in view the ratio decided by the Hon’ble Supreme Court in the case of B.S. Joshi and others vrs. State of Haryana (2003) 4 SCC675,
this Court is of the opinion that in view of the compromise between the parties, there is no need to proceed with the criminal trial, as the only possible
outcome is of acquittal of the petitioners. There is remote and bleak possibility of conviction of the petitioners in this case. Hence, to prevent the abuse
of process of law, the criminal trial against the petitioners should be quashed.
Accordingly, the CRLMC is allowed. The criminal proceeding in G.R. Case No.78 of 2021 arising out of Nandapur P.S. Case No.14 of 2021
pending in the court of the learned S.D.J.M., Koraput is hereby quashed. The Affidavit filed by the opposite party no.2 shall form a part of the
records.
The CRLMC is disposed of, accordingly.
As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the
High Court’s website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide
Court’s Notice No.4587 dated 25th March, 2020 and Court’s Office Order dated 7th January, 2022.
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