Orissa High Court
Dr. Pratabidya Parida vs State Of Odisha And Another .... ... on 17 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5567 of 2023
Dr. Pratabidya Parida .... Petitioner(s)
Mr. S. K. Padhy, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. U. R. Jena, AGA
Mr. D. P. Dhal, Senior Advocate
along with S. Mohapatra, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 17.04.2025 05. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated 20.12.2021 in UPD, Bhubaneswar Mahila P.S. Case No.162 of 2021 came to be registered against the petitioner for the alleged commission of offences punishable under Sections 498-A/323/294/417/307/506/34 of I.P.C. read with Section 4 of the D.P. Act.
3. The allegation against the petitioner in the F.I.R. is that on 20.12.2021, the informant/opposite party No.2 lodged a written report before the I.I.C., Mahila P.S. alleging that the petitioner being her husband met her in the year 2006 at Akash institute Page 1 of 7 during their medical preparation. When her mother-in-law came to know about their friendship, she abused and threatened her to leave her son. It is alleged that despite being opposed by the mother of the petitioner, the informant and the petitioner were in close relationship. After some days, the opposite party No.2 went to Mumbai and both of them had a court marriage there and started living together. Further, they decided to marry again as per Hindu rituals. Hence, there marriage was again solemnized as per Hindu marriage customs and traditions in presence of their parents and relatives on 28.01.2018. After marriage, the petitioner's mother started torturing her and taunting her that her parents are beggar and had given low quality furniture. The present petitioner also forced her to get money for buying a flat in Bhubaneswar, for which, the informant's father paid the money. It is further alleged that She was continuously harassed by her in-laws both physically and mentally. Hence, this case.
4. Vide order dated 28.11.2024, the matter was referred to the High Court of Orissa Mediation Centre for exploring the possibility of settlement. Pursuant thereto, the parties have participated in the mediation process and the medication came out to be successful. The High Court of Orissa Mediation Centre vide its report dated Page 2 of 7 03.01.2025 has placed on record the terms of settlement arrived between the parties, which reads as under:-
"1. That the petitioner (Husband) Dr. Pratabidya Parida shall transfer the Flat No.321, 3rd floor, Blok- B, type-2 BHK, BIVAB AANGAN Appartment situated at mouza-Madanpur, Dist-Khurda, PS-Jatani, Tahasil/SRO-Jatani, Khata No.167 corresponding to Khata No.300/237, Plot No.534, Area- Ac 195 dec., kisama-Homestead, status-sthitiban in favour of Suman Sudha Palei, D/O- Subash Chandra Palei within 15 days subject to availability of slot and the stamp duty shall be paid by her husband Dr.Pratabidya Parida at the time of registration.
2. That the petitioner (Husband) Dr. Pratabidya Parida is agreed to pay Rs.20,00,000/-(Rupees Twenty lakhs only) in shape of Demand Draft towards full and final settlement and permanent alimony to the Opp. party (wife) namely Suman Sudha Palei and the said demand draft shall be deposited before the Hon'ble High Court of Orissa.
3. That, the Opp. party (wife) namely Suman Sudha Palei is agreed to withdraw all the cases i.e CRP No.261 of 2021 which is pending before Judge, Family Court, Bhubaneswar, DV CMC No.610 of 2021 which is pending before JMFC LR, Bhubaneswar in view of present settlement.
4. That, the petitioner (husband) shall return the gold ornaments i.e gold neckles with earings set, 4 pair of silver jhuntia, one set of silver anklet, one pair of gold bangles, one pair of gold sankhi, 7 nos. of gold finger rings to opp. paty (wife) Suman Sudha Palei on 04.01.2024 and the opp. party shall also return 2 nos. of gold finger rings,, one gold bracelet, 3 sets of gold ear rings, one gold mangalsutra, one gold locket, one set of silver anklet to the petitioner(husband) on the very same day and execute a joint affidavit to this effect.
5. That at the instance of the petitioner a divorce case vide CP No.134 of 2023 is pending before Judge, familyCourt, Bhubaneswar, both parties will file a petitioner for convertion into under section 13(B) of Page 3 of 7 Hindu Marriage Act, 1956, in the event same is not accepted both the parties agreed to file mutual divorce under section 13(B) of Hindu Marriage Act, 1956 within a week before Judge, familyCourt, Bhubaneswar and the certified copy of the decree shall be filed before the Hon'ble High Court of Orissa for quashing of the CRLMC.
6. That, after dissolution of marriage the opp. party (wife) shall not claim any alimony in future and shall have no right to claim any movable or immovable property of the petitioner (husband).
7. That, in view of the settlement the Hon'ble High Court of Orissa may pass the appropriate order in above noted CRLMC case.
8. The terms and conditions are being read over petitioner (husband) and the Opp. Party (wife) in presence of their counsels along with the father of opp. party who admit the terms and conditions of settlement are written as per their wish and they agreed to abide by the terms and conditions and thereafter they signed in my presence.
Accordingly, the present case Mediation Proceeding is successful."
5. Learned counsel for both the parties conjointly submits that as per the mediation report, the petitioner has already paid the settle amount of Rs.20,00,000/- and a flat bearing Flat No.321, 3rd Floor, Block-B, Type-2BHK namely Bivab Aangan Apartment to the opposite party No.2.
6. Both the petitioner and the opposite party No.2 has also filed a joint compromise affidavit on 22.01.2025 inter alia stating as under:-
"1. That the Petitioner is the accused in a case relating to CT. No. 7048/2021 arising out of UPD Bhubaneswar Mahila P.S FIR No. 162/2021, where Page 4 of 7 in the O.P No.2 is the complainant and is pending in the court of SDJM, Bhubaneswar.
2. That at the instance of O.P No.2 D.V CMC NO. 610/2021 is pending in the Court of J.M.FC LR, Bhubaneswar. Similarly at the instance of O.P No.2 CR.P No. 261/2021 is pending in the Court of Judge, Family Court, Bhubaneswar.
3. That at the instance of C.P NO. 134/2023 is pending in the court of Judge, Family Court, Bhubaneswar for Divorce.
4. That with a prayer to quash the criminal proceeding relating to CT. No. 7048/2021 arising out of UPD Bhubaneswar Mahila P.S FIR No. 162/2021, where in the O.P No.2 is the complainant and is pending in the court of SDJM; Bhubaneswar has been filed by the Petitioner.
5. That vide order dated 28.11.2024, this Hon'ble court has been pleased to send the matter before High Court of Odisha Mediation Centre for amicable settlement. Accordingly on 03.01.2025 the matter has been settled between the Petitioner and the O.P No.2 in presence of the father of the O.P No.2 and the counsels for the parties.
6. That as per settlement / Mediation Report, it was decided to exchange the ornaments amongst them and the Petitioner will deposit a demand draft of Rs. 20,000,00/- (twenty lakhs) only in Court. However, toady the exchange of ornaments between the parties has been made and amount of Rs. 20,000,00/-(twenty lakhs) only has been paid by the Petitioner to the O.P No.2 in shape of Demand Draft bearing Ref No. 043373508733 dated 21.01.2025 made from HDFC BANK, Bapuji Nagar Branch, Bhubaneswar and the O.P No.2 hereby acknowledges receipt of the same i.e Demand Draft bearing Ref No. 043373508733 dated 21.01.2025 made from HDFC BANK, Bapuji Nagar Branch_ Bhubaneswar for an amount of Rs.
20,000,00/-(twenty lakhs) only.
7. That both the Petitioner and the O.P No.2 has claim against each other as regards to exchange KY ornaments and payment of full, final and permanent alimony.
Page 5 of 7
8. That in the Mediation it has been decided to transfer the right of property situated in Mouza:
Madanpur, P.S/Tahasil: Jatnai, Plot No. 534, Khata No. 300/237, where in a Flat Bearing Flat No. 321, 3rd Floor, Block-B, Type -2BHK namely Bivab Aangan Apartment in favour of the O.P No.2 by the Petitioner. That since no registration is allowed by the Sub-Registrar, Jatni in view of bar put by state, it is decided between the Petitioner, O.P No.2 in presence of her father and the counsels of both the parties to execute a registered Power of Attorney by the Petitioner in favour of the O.P No.2 prior to 6th Feb 2025 or transfer the property as stated above and will produce the copy of the proof of same in this Hon'ble court and on production of the proof of registration of Power of Attorney, the CRLMC No. 5567/2023 will be allowed in favour of the Petitioner and the O.P No.2 have no objection to it.
9. That the O.P No.2 agreed and undertakes to withdraw D.V CMC NO. 610/2021 is pending in the Court of J.M.FC LR, Bhubaneswar and CR.P No. 261/2021 pending in the Court of Judge, Family Court, Bhubaneswar with in 27th January 2025 and the O.P No.2 will also file a deed of settlement for allowing the Divorce Petition filed by the Petitioner vide C.P No. 134/2023 now pending in the Court of Judge, Family Court, Bhubaneswar within 27th January 2025.
10. That the O.P No.2 agreed and undertakes to cooperate with the Petitioner to get finalized all the cases prior to 6th February 2025 and both the parties will not claim any property, ornaments and amount in any mode in future.
11. That if the O.P No.2 will not co-operate with the Petitioner to finalize all the cases and litigations, in such event the O.P will return all the ornaments, amounts and aforesaid flat taken by her and the Petitioner will also return the ornaments as taken over by him."
7. Learned counsel for the respective parties conjointly submits that both the parties have undertaken to comply the terms Page 6 of 7 of settlement as reflected in the mediation report dated 03.01.2025. The settlement terms, which have been reproduced in the preceding paragraphs shall be form part and parcel of the present order and the parties are bound by the same.
8. Regard being had to fact that the parties have settled their dispute through mediation, the criminal proceeding in connection with C.T. Case No.7048 of 2021 arising out of UPD, Bhubaneswar Mahila P.S. Case No.162 of 2021 pending in the Court of the learned S.D.J.M., Bhubaneswar and the consequential proceeding arising therefrom qua the petitioner are quashed.
9. With this observation, the CRLMC is disposed of.
(S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Apr-2025 15:22:48 Page 7 of 7