2010 ALL SCR 2720
DALVEER BHANDARI AND GYAN SUDHA MISHRA, JJ.
Pradipta Kumar Swain Vs. State Of Orissa & Ors.
Criminal Appeal No.1021 of 2010,S.L.P. (Crl.) No.520 of 2006
7th May, 2010
Petitioner Counsel: Mr. ASHOK PANIGRAHI, Mr. SATYA MITRA GARG
Respondent Counsel: Mr. SHIBASHISH MISRA
Criminal P.C. (1973), Ss.482, 154 - Constitution of India, Art.136 - Penal Code (1860), Ss.498A, 379 - Dowry Prohibition Act (1961), S.4 - Quashing of First Information Report - F.I.R. registered for the offences under Ss.498-A and 379 of I.P.C. and under S.4 of Dowry Prohibition Act - Complainant remarried and settled elsewhere - Compromise between parties - Complainant not present - Complainant not interested in pursuing complaint, paid permanent alimony - Held, it is proper to quash F.I.R.. (Para 5)
JUDGMENT :- Leave granted.
2. In this appeal, the short question which arises for our consideration is that Respondent No.3 had filed a complaint under Sections 498-A and 379 of the Indian Penal Code [for short, 'I.P.C.']. Learned counsel appearing for the appellant submit that now there has been a compromise between the parties as Respondent No.3 has remarried and has a child from the second marriage.
3. Despite service of notice, she has not appeared in this Court. It is quire evident that she is not interested in pursuing the complaint under Sections 498-A and 379, I.P.C..
4. We have heard learned counsel appearing for the appellant as also for the State.
5. On the consideration of the totality of the facts and circumstances of the case that Respondent No.3 has remarried and has a child from her second marriage as also she has not appeared before this Court and in view of the compromise between the parties, learned counsel for the appellant submits that permanent alimony has already been given to her and she has no surviving grievance, we deem it appropriate to quash the First Information Report under Sections 498-A and 379, I.P.C. and Section 4 of the Dowry Prohibition Act read with Section 34, I.P.C..
6. The appeal is, accordingly, disposed of.