Narahari Satapathy v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1229 of 2014 Narahari Satapathy and others ....

Petitioners Mr. B.N. Satapathy, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. J. Katikia, Additional Government Advocate

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

20.05.2022 04.

1. None appears on behalf of Opposite Party No.2-Complainant despite vakalatnama having been filed on her behalf earlier.

2. The present application is by the father-in-law, who is now aged 85 years, the husband and the sister-in-law of the Complainant, for quashing of G.R. Case No.650 of 2011 arising out of Kujang P.S. Case No.270 of 2011 pending in the Court of JMFC (P), Kujang.

3. Learned counsel appearing for the Petitioner at the outset points out that by an order dated 12th December 2017 of the Civil Judge (Senior Division), Kujang in C.P. No.e-60-2016 (322014), the marriage between the Petitioner No.2-husband and Opposite Party No.2-Complainant-wife has been dissolved by a decree of divorce. That order has become final. Even before the said Civil Court, no evidence was laid on behalf of the Opposite Party No.2-Complainant. Whereas, the husband's version that she had mistreated him and left his company more than two years, remained uncontroverted.

4. Since the above facts have not been controverted by Opposite Party No.2, this Court quashes G.R. Case No.650 of 2011 arising out of Kujang P.S. Case No.270 of 2011 pending in the Court of JMFC (P), Kujang is hereby quashed.

5. The CRLMC is disposed of in the above terms. A copy of this order be communicated to the concerned trial court forthwith.

6. Urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Guin