CRLMC NO.4262 OF 2016

31.07.2017

Heard learned counsel for the petitioner and learned Addl. Government Advocate.

2. This petition under Section 482 of Cr.P.C has been filed by the petitioner with a pray

er to quash the proceeding in G.R. Case No.445 of 2012 arising out of Bolangir Town P.S. Case

No.168 of 2012 pending in the Court of learned S.D.J.M., Bolangir.

3. On perusal of records, it appears that the marriage between the petitioner No.1-husban

d and opposite party No.2-wife has been dissolved by a decree of divorce passed by the learned

Judge, Family Court, Balangir in C.P.(MAT) No.718/455/31 of 2011-2013-2015 vide judgment date

d 30.06.2016 under Annexure-5 on the basis of a compromise petition filed by both the parties

with their joint affidavit. The terms and conditions of the compromise petition are as follows

:-

a) From the date of decree they will not claim anything in future

and they will not be treated as husband and wife;

b) None of the parties shall file any case against other in future

, and

c) all the cases pending in the Court of learned Judge, Family Court,

Bolangir and in the Court of learned S.D.J.M., Bolangir i.e. C.C. No.26/15, C.M.C.

No.5/15 and G.R Case No.445/12 will be dropped after the decree

was passed.

The aforesaid terms and conditions are part of the decree and are binding on the parties. Peti

tioner No.1 has already returned the dowry articles to opposite party No.1 and also

paid a sum of

Rs.3,00,000/- towards her permanent alimony and future maintenance. The parties are leavin

g separately since 07.07.2011 and they are not interested to prosecute the case, therefore, th

e proceeding may be quashed.

4. In view of the above, this Court feels that no fruitful purpose would be served by all

owing the criminal proceeding to continue as there is bleak chance of success. Hence to secure

interest of justice and to prevent abuse of the process of court the proceeding need be quash

ed.

5 Accordingly, this Court quashes the proceeding in G.R. Case No.445 of 2012 arising out

of Bolangir Town P.S. Case No.168 of 2012 pending in the Court of learned S.D.J.M., Bolangir.

The CRLMC along with Misc. Case is accordingly disposed of.

..

S.Panda, J.

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