Kumar Swain Vs. State of Orissa  INSC 372 (7 May 2010)
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1021 OF 2010 (Arising out of S.L.P.
(Crl.) No.520 of 2006) Pradipta Kumar Swain ...Appellant(s) Versus State of
Orissa and Ors. ...Respondent(s) O R D E R Leave granted.
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.
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
heard learned counsel appearing for the appellant as also for the State.
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 ....2/- - 2 - 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.
appeal is, accordingly, disposed of.
......................J. [DALVEER BHANDARI]
......................J. [GYAN SUDHA MISRA]
May 07, 2010.