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Judgment
A.S. Naidu, J.—Heard
Invoking jurisdiction of this Court u/s 482 Code of Criminal Procedure the Petitioner seek to quash the further Proceedings of G.R. Case No. 228 of 1997 pending before the JMFC,-Pattamundai. The said G.R. Case was initiated on the basis of an FIR filed by opposite party No. 2 to this case. Charge sheet has been submitted against the Petitioners for commission of offences under
Learned Counsel for the Petitioner submits that in the meanwhile the dispute between Petitioner No. 3 - husband and opposite party No. 2 - wife has been settled by a mutual divorce and substantial money has been paid to opposite party No. 2 - wife towards her maintenance. One of the grounds of mutual divorce was that after dissolution of marriage by a decree of divorce the aforesaid G.R. Case was to be compromised.
After receiving notice, opposite party No. 2 - wife has entered appearance through her counsel. Learned Counsel for her submits that the dispute among the parties has since been settled in the meanwhile and the opposite party No. 2 - wife is no more interested to prosecute the G.R. Case. The opposite party No. 2 - wife also admits about the clause embodied in the decree of divorce specifically indicating that the present G.R. Case would be compromise between the parties after the marriage is dissolved on consent..
In the aforesaid scenario and as the informant-wife is not interested to prosecute the G.R. Case, continuance of the said case will be an abuse of the process of law as the case is bound to end in acquittal. 6. This Criminal Misc. Case is allowed and the proceedings of the G.R. Case are quashed.