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2021 Supreme(Ori) 126

B.P.ROUTRAY
Debiprasad Das – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Tapobanta Barik, Advocate, for the Appellant; Mr. J. Katikia, Aga for Opposite Party -State Mr. Narendra Prasad Rath for Opposite Party No.2, for the Respondent.

ORDER

1. The Petitioner has prayed for quashing of the criminal proceeding in GR Case No.152 of 2019 arising out of Kendrapara P.S. Case No.17 of 2019 for commission of offence under Sections 498-A/323/506/406/34 of I.P.C. and Section 4 of the Dowry Prohibition Act pending before the court of learned S.D.J.M., Kendrapara including the order of cognizance dated 28th September, 2020.

2. The facts of the case are that, marriage between Petitioner No.1 and Opposite Party No.2 solemnized on 7th July, 2012 before the Marriage Officer, Cuttack under the Special Marriage Act. The Petitioner Nos.2 and 3 are the parents-in-law of Opposite Party No.2. Due to dispute and misunderstanding, the marital relationship between the parties was disturbed and thus the F.I.R. dated 12th September, 2019 in Kendrapara P.S. Case No.17 of 2019 was lodged by Opposite Party No.2 alleging demand of dowry with torture.

3. It is submitted on behalf of the Petitioner that in the meantime the matrimonial dispute between the parties have been settled out of court and as there was no chance of reunion, Petitioner No.1 and Opposite Party No.2 agreed to dissolve their marriage and accordingly filed a petition for divorce

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