Sumitra Swain@Sumi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2913 of 2021 Kaliprasad Mishra and Others ....

Petitioners Mr. D.K. Sahoo, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.11.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The criminal proceeding pending before the court of learned District and Sessions Judge, Kendrapara in S.T. Case No.186 of 2018 is sought to be quashed at the instance of the petitioner. 3.

learned counsel for the petitioners submits that there has been a settlement and mutual divorce between petitioner No.1 and opposite party No.2 who has already received permanent alimony of Rs.7,50,000/- and while claiming so, he refers to a compromise moved before the learned Family Court, Bhubaneswar which is at Annexure-3 besides the decree of divorce in C.P. No.100 of 2018. 4.

Considering the above submission, the Court is of the view that the parties, namely, petitioner No.1 and opposite party No.2

should appear before the Court in person or through virtual mode to admit the fact of settlement reached at between them. 5.

List on 9th December, 2022.

(R.K. Pattanaik) Judge I.A. No.2238 of 2021 1.

Learned counsel for the petitioners submits that in view of the aforesaid development, the proceeding which is pending before the learned court below should be stayed.

2.

As an interim measure, this Court directs that the further proceeding in S.T. Case No.186 of 2018 pending in the file of learned District and Sessions Judge, Kendrapara shall remain stayed till the next date.

3.

List on the date fixed.

4.

Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Tudu