Orissa High Court
Rajendra Kumar Panda And Ors vs State Of Orissa And Anr on 19 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2403 of 2021
Rajendra Kumar Panda and Ors. .... Petitioners
Mr. Jugal Kishore Panda, Adv.
-versus-
State of Orissa and Anr. .... Opposite Parties
Mr. Karunakar Gaya, ASC
(for O.P. No.1)
Mr. Soubhagya Kumar Dash, Adv.
(for O.P. No.2)
CORAM:
JUSTICE S.K. PANIGRAHI
ORDER
Order No. 19.01.2022
01. 1. This matter is taken up through Video Conferencing mode.
2. Mr. Soubhagya Kumar Dash, learned Advocate files
Vakalatnama and enters appearance on behalf of the opposite
party no.2. The same be kept on record.
3. Heard learned counsel for the parties.
4. In this CRLMC, the petitioners have made a prayer to quash
the proceeding initiated against them in G.R. Case No.78 of
202, arising out of Nandapur P.S. Case No.14 of 2021, pending
in the court of learned S.D.J.M., Koraput on the ground of
compromise.
5. Learned counsel for the petitioners submits that the petitioner
no.4 and the opposite party no.2 had filed a joint application i.e.
Civil Proceeding No.166 of 2021 under Section 13-B of the
Hindu Marriage Act, 1955 with a prayer for dissolution of their
marriage by a decree of divorce on mutual consent before the
learned Judge, Family Court, Berhampur. The said application
// 2 //
has been allowed by the learned Judge, Family Court,
Berhampur vide the judgment and order dated 28.10.2021 and
accordingly, the marriage between the petitioner no.4 and the
opposite party no.2 has been dissolved by a decree of divorce
on mutual consent with effect from the date of decree.
6. Learned counsel for the opposite party no.2 submits that the
opposite party no.2 has filed an affidavit stating therein the
aforesaid facts. In the said affidavit it has further been stated by
the opposite party no.2 that she has received a sum of Rs.4.00
lakhs towards permanent alimony and she does not have any
objection, if the proceeding in G.R. Case No.78 of 2021 arising
out of Nandapur P.S. Case No.14 of 2021 pending in the court
of the learned S.D.J.M., Koraput is quashed on the ground of
compromise.
7. Keeping in view the ratio decided by the Hon'ble Supreme
Court in the case of B.S. Joshi and others vrs. State of
Haryana1, this Court is of the opinion that in view of the
compromise between the parties, there is no need to proceed
with the criminal trial, as the only possible outcome is of
acquittal of the petitioners. There is remote and bleak
possibility of conviction of the petitioners in this case. Hence,
to prevent the abuse of process of law, the criminal trial against
the petitioners should be quashed.
8. Accordingly, the CRLMC is allowed. The criminal
proceeding in G.R. Case No.78 of 2021 arising out of
Nandapur P.S. Case No.14 of 2021 pending in the court of the
(2003) 4 SCC675
// 3 //
learned S.D.J.M., Koraput is hereby quashed. The Affidavit
filed by the opposite party no.2 shall form a part of the records.
9. The CRLMC is disposed of, accordingly.
10. As the restrictions due to resurgence of Covid-19 are
continuing, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at
par with certified copy, subject to attestation by the Advocate
concerned with his/her seal, in the manner prescribed vide
Court's Notice No.4587 dated 25th March, 2020 and Court's
Office Order dated 7th January, 2022.
( S.K. Panigrahi)
Judge
BJ
