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Judgment
B.K. Nayak, J.—Heard learned Counsel for the Petitioners, learned Standing Counsel for the State and learned Counsel appearing on behalf of opposite party No. 2.
On consent of the parties, Criminal Misc. Case is disposed of at the Stage of admission.
In this application u/s 482 of the Code of Criminal Procedure, the Petitioners pray for quashing of the F.I.R. in Bhubaneswar Mahila P.S. Case No. 104 of 2008 arising out of I.C.C. Case No. 2160 of 2008 corresponding to G.R. Case No. 2501 of 2008 pending in the Court of the learned S.D.J.M., Bhubaneswar on the ground that the informant (opposite party No. 2) has already compromised the matter with the present Petitioners and does not want to proceed further with the prosecution.
The aforesaid P.S. Case has been registered against the Petitioner u/s 498A, 323/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act on the basis of the F.I.R. lodged by opposite party No. 2. The Petitioners have averred in the petition that the dispute between the Petitioners on one side and the opposite party No. 2 on the other has been amicably settled and that now the opposite party No. 2 is staying in her matrimonial home i.e., the house of Petitioner No. 1 leading a happy conjugal life. Hence she does not want to proceed with the case. The opposite party No. 2 has also entered appearance before this Court and filed her affidavit wherein it has been stated that at the intervention of the family members, relatives and friends disputes between her and the Petitioners have been resolved and now she is residing with her husband (Petitioner No. 1) in his house and leading a happy marital life. She also stated that she does not want to proceed with the case and wants to withdraw from the same in order to save her family life.
It is well settled in the case of B.S. Joshi and Ors. v. State of Haryana and Anr. (2203) 25 OCR (SC) 99 that in the matter of matrimonial dispute, the High Court may exercise its power u/s 482 Code of Criminal Procedure in quashing criminal proceeding. The ration of the aforesaid case is also followed by this Court in several cases including the case of Kulamani Das v. State of Orissa and Ors. (2010) 45 OCR 825.
The ratio of the aforesaid decision fully applies to the facts of the present case and since the matrimonial dispute between the parties has been resolved amicably and the informant does not intend to proceed further with the prosecution of the Petitioners, it would be an abuse of process of law and the Court to allow further continuance of the criminal proceeding.
Hence the Criminal Misc. Case is allowed and the Criminal proceeding i.e. Bhubaneswar Mahila P.S. Case No. 104 of 2008 corresponding to G.R. Case No. 2501 of 2008 of the Court of the learned S.D.J.M., Bhubaneswar is quashed.
Issue urgent certified copy.
*ACTS AND NOTIFICATIONS
The Orissa Evening Courts Rules, 2010
LAW DEPARTMENT
NOTIFICATION
The 3rd July, 2010
S.R.O. No. 263/2010- Whereas pursuant to resolution passed in the conference of Chief Ministers of States and the Chief Justices of the High Courts held at New Delhi on 8th April, 2007 and 19th April, 2008, decision was taken to set up Evening/Morning Courts wherever found feasible and appropriate cases including those involving petty offences be transferred to such Courts.
And, whereas, the High Court of Orissa on consideration of the matter for setting up Evening/Morning Courts for trial of petty offences as per resolution of Chief Justices Conference, have decided to set up four Evening Courts at Bhubaneswar with serving Judicial Magistrate First Class on experimental basis for trial of petty offences in terms of the resolution passed in the Chief Justices Conferences, 2007.
Now, therefore, in exercise of powers conferred by proviso to Article 309 read with Articles 227, 235 and all other enabling provisions of the Constitution of India, the Governor of Orissa in consultation with the High Court of Orissa hereby makes the following rules for introduction and implementation of the scheme of Evening Courts namely:
Short title and commencement:
(1) These rules may be called the Orissa Evening Courts Rules; 2010.
(2) They shall come into force on the date of their publication in the Official Gazette and shall remain in force up to 31st March, 2011 or for such further period as may be extended by the State Government in consultation with the High Court, by publishing a notification in Official Gazette.
Definitions: In these rules, unless the context otherwise requires,-
(a) "Court" means the Court of the Judicial Magistrate of the First Class or of the Second Class as referred to in the Code of Criminal Procedure, 1973 (2 of 1974).
(b) "Evening Court" means the Court as notified under Rule 3.
(c) "High Court" means High Court of Orissa.
(d) "Judicial Officer" means a Judicial Magistrate of the First Class or Second Class belonging to Orissa Judicial Service.
(e) "Members of staff" in relation to the Court, means employees working in the District and Subordinate Court.
(f) "Norms" means the norms for disposal prescribed by High Court of Orissa.
Notification of Evening Court: For the purpose of these rules, the State Government in consultation with High Court may notify such number of Courts to be Evening Courts and at such place with such local area as may be specified in the notification.
Jurisdiction of Evening Court: Subject to the provision of the Code of Criminal Procedure, 1973, the Evening Court shall have jurisdiction to try offences punishable with imprisonment for a term not exceeding three years, or fine, or of both.
Working Hours: Notwithstanding anything contained in the G.R.C.O. (Criminal) daily sitting of Evening Courts for judicial work shall be 6.15 to 8.15 p.m. on all working days''.
Norms of Disposal: The norms for disposal of cases assigned to the Evening Courts shall be 25% of the Norms prescribed for the regular Courts.
Honorarium: The Judicial Officers and the members of the staff working in the Evening Courts shall receive 20% of their basic pay, as honorarium.
Explanation: For the purpose of these rules, the expression "basic pay" in relation to a judicial officer means the pay with Dearness Pay as per Office Memorandum No. 17491-CS-1 (P)-13/06/F., dated the 22nd April, 2006 issued by the Finance Department and in relation to the members of the staff, the "basic pay" means the basic pay as defined in the Orissa Revised Scales of Pay Rules, 2008.
Supervision: Subject to the overall control of the High Court, the Sessions Judge shall supervise and monitor the functioning of the Evening Courts under his jurisdiction.
[No. 6958-IJ-48/2010/L] By order of the Governor D. DASH Principal Secretary to Government