Swagat Mishra vs State Of Odisha

S.S. Mishra

The connected matter being CRLMC No.3172 of 2019 was listed before this Court on 08.01.2024 along with the present petition and the following order was passed:

“1. Heard.

By way of this petition, the petitioners are seeking quashing of the F.I.R. in Athamallik P.S. Case No.90 dated 11.11.2015 corresponding to G.R. Case No.406 of 2015 for the offences under Sections- 498A/ 354(A)/ 506/34 of IPC read with Sections-4 & 6-A of the D.P. Act now pending in the Court of the learned S.D.J.M., Athamallik.

Learned counsel for the petitioners submits that this petition arises out of a matrimonial dispute. The parties to the dispute have settled amicably and the memorandum of settlement dated 30.08.2019 along with the affidavit of the parties has been placed on record. On the basis of the settlement, the parties have applied for divorce under Section- 13-B of the Hindu Marriage Act and the learned Civil Judge, Athamallik vide its order dated 21. 09.2019 has been pleased to grant mutual divorce. The petitioners have also paid the permanent alimony of Rs.20 lakhs as agreed. All other proceedings pending against each other stands withdrawn pursuant to the settlement except the present one. The petitioners have been trying to serve the opposite party no.2 in so far as the present petition is concerned. However, they could not succeed as she has left the given address.

In these facts and circumstances, the Investigating Officer of the case at Athamallik P.S. Case No.90 of 2015 corresponding to G.R. Case No.406 of 2015 is directed to serve a copy of this petition to the opposite party no.2 and intimate the next date of hearing. The I.O. is directed to file a status report regarding the progress of the trial in the instant case by the next date of hearing.

Learned counsel for the petitioners is directed to supply additional copy of the Paper Book to the counsel for the State who shall transmit the same to the I.O. of the case.

List this matter on 18.01.2024.”

Pursuance to the aforementioned direction, Mr. Ragada, learned Additional Government Advocate has obtained written instruction from the I.I.C., Athmallik Police Station. The instruction is taken on record. As per the said instruction, the I.I.C., Athmallik Police Station has stated that the complainant is staying in Bangalore and notice could not be served on him.

It is germinating from the record that the parties have now settled their dispute and they have also parted away by seeking dissolution of their marriage by mutual consent and the permanent alimony has also been paid by the petitioner to the opposite party no.2. The memorandum of settlement dated 30.08.2019 has also been placed on record.

Mr. Ragada, learned Additional Government Advocate submits that since the dispute is essentially arising out of a matrimonial discord and the parties have now settled their dispute and the documents in this regard have already been placed on record, there is no legal impediment in quashing the F.I.R.

In the connected matter, being CRLMC No.3172 of 2019, the petitioners have prayed for quashing of the criminal proceeding. The said matter has already been de-tagged from the present case, as this Court has not been assigned to deal with the same.

In that view of the matter, quashing of the F.I.R. and the consequential proceeding cannot be entertained in this petition.

However, taking into consideration the aforementioned facts and submissions at the Bar, the petition is allowed and the order dated 22.02.2023 passed by the learned S.D.J.M., Athamallik in G.R. Case No.406 of 2015 arising out of Athamallik P.S. Case No.90 of 2015 is set-aside.

The CRLMC is accordingly disposed of.

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