Orissa High Court
Goura Chandra Satpathy & vs State Of Odisha & Another .... Opp. ... on 11 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1385 of 2025
Goura Chandra Satpathy & .... Petitioners
another Mr.Milan
Kanungo,
Senior Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.Bibekananda
Nayak, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
CRLMC No.1385 of 2025 & I.A. No.901 of 2025
Order ORDER
No. 11.04.2025
01.
1.
The petitioners are mother-in-law and father-in-
law of the opposite party No.2. They have been
implicated by the opposite party No.2 in Bhubaneswar
Mahila P.S. Case No.165 of 2024 corresponding to
C.T. Case No.1910 of 2024 for the offences punishable
under Sections 85/296/351(3)/115(2)/316(2) of the
BNS, 2023 r/w Section 3(5) of the D.P. Act, 1961
pending in the Court of the learned S.D.J.M.,
Bhubaneswar.
2. After the investigation, the charge sheet has been
filed in the present case on 30.11.2024 regarding the
offences punishable under Sections 85/ 296/ 351(3)/
115(2)/316(2) of the BNS, 2023 r/w Section 4 of the
D.P. Act r/w Section 3(5) of the BNS.
3. The learned S.D.J.M., Bhubaneswar, vide order
dated 30.11.2024 in C.T. No.1910 of 2024 has taken
the cognizance of the offences as mentioned above
against the present petitioners and their son, who is
the husband of the opposite party No.2.
4. Mr. Milan Kanungo, learned Senior Advocate
appearing on behalf of the petitioners has taken me to
the allegations made by the opposite party No.2
against the present petitioners. The allegations are
omnibus in nature and without any basis. He has
also relied upon the judgments of the Hon'ble
Supreme Court in the case of Kahkashan Kausar
alias Sonam and others vs. State of Bihar and
others, reported in (2022) 6 SCC 599. In this
judgment, the the Hon'ble Supreme Court, by taking
note of the judgment in the cases of Arnesh Kumar
vs. State of Bihar, reported in (2014) 8 SCC 273,
Preeti Gupta vs. State of Jharkhand reported in
(2010) 7 SCC 667, Geeta Mehrotra vs. State of U.P.
reported in (2012) 10 SCC 741, held thus:
"17. The abovementioned decisions clearly
demonstrate that this Court has at numerous
instances expressed concern over the misuse of
Section 498-AIPC and the increased tendency of
implicating relatives of the husband in matrimonial
disputes, without analysing the long-term
ramifications of a trial on the complainant as well as
the accused. It is further manifest from the said
judgments that false implication by way of general
omnibus allegations made in the course of
matrimonial dispute, if left unchecked would result
in misuse of the process of law. Therefore, this Court
by way of its judgments has warned the courts from
proceeding against the relatives and in-laws of the
husband when no prima facie case is made out
against them."
5. Issue notice.
6. Mr. Nayak, learned Additional Government
Advocate appearing on behalf of the opposite party
No.1-State waives the notice.
7. Issue notice to the opposite party No.2 by
Registered Post with A.D./Speed Post with A.D.
Requisites shall be filed by 15.04.2025.
8. Regard being had to the nature of the allegation
and the fact scenario of the present case, I am of the
considered view that the parties can explore the
possibility of out of court settlement through
mediation. Hence, the matter is referred to the High
Court of Orissa Mediation Centre. The Coordinator of
the High Court of Orissa Mediation Centre is directed
to fix a particular date and intimate the same to the
parties concerned for appearing before the mediation
centre and explore settlement.
9. Awaiting the mediation report, list this matter
four weeks after.
10. In the meantime, the further proceeding in C.T.
Case No.1910 of 2024 arising out of Bhubaneswar
Mahila P.S. Case No.165 of 2024 pending in the Court
of the learned S.D.J.M., Bhubaneswar is stayed till the
next date.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 12-Apr-2025 15:10:16
