IN THE SUPREME COURT OF INDIA

CRIMINAL 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.

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.   

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.

We  have  heard  learned  counsel  appearing  for  the  

appellant as also for the State.   

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

....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.

The appeal is, accordingly, disposed of.

......................J.               [DALVEER BHANDARI]

......................J.               [GYAN SUDHA MISRA]

New Delhi, May 07, 2010.