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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Madhumita @ Madhusmita Nayak – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of the case background and settlement details. (Para 1 , 2) |
| 2. counsel's argument for quashing. (Para 3) |
| 3. court's reflection on mutual consent and previous apex court ruling. (Para 4 , 5) |
| 4. final decision to quash the proceedings. (Para 6 , 7) |
JUDGMENT :
G. SATAPATHY, J.
1. The petitioners seeking the indulgence of this Court to invoke inherent power U/S.482 of Cr.P.C. pray to quash the entire criminal proceeding and order taking cognizance of offences passed on 03.09.2014 by the learned J.M.F.C.(R), Cuttack in G.R. Case No.1223 of 2013 arising out of Cuttack Sadar P.S. Case No.265 of 2013 on the grounds of settlement with the informant.
2. Since the dispute between the parties having already stated to be settled, it would be unnecessary to reproduce the entire set of facts here, but the gist/summary of facts are extracted here for better appreciation in the matter and un-veiling the facts, it is stated that the petitioner No.3 and O.P.No.2 were admittedly the husband and wife and their marriage was solemnized on 27.01.2012 in terms of Hindu Custom and Rights, but subsequently, when dissension arose between them, O.P.No.2 lodged a FIR against the petitioner
In cases of matrimonial disputes, if parties reach an amicable settlement, continuation of criminal proceedings may constitute an abuse of process, meriting quashing of the complaint.
The court affirmed the importance of promoting amicable settlements in matrimonial disputes, allowing quashing of non-compoundable offences when parties reach an agreement.
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
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