Kumari Nayak And Another vs State Of Odisha And Another ..... ...
2025 Latest Caselaw 11041 Ori

Orissa High Court

Kumari Nayak And Another vs State Of Odisha And Another ..... ... on 4 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.5114 of 2025
                 Kumari Nayak and another     .....      Petitioners
                                                               Represented By Adv. -
                                                               Laxminarayan Rayatsingh

                                             -versus-
                 State Of Odisha and another       .....             Opposite Parties
                                                              Mr. S.K. Parhi, ASC

                                      CORAM:
                        THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                    MOHAPATRA

                                              ORDER

04.12.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 482 of Cr.P.C., which corresponds to Section 528 of BNSS, the Petitioner seeks to invoke the inherent jurisdiction of this Court to quash the FIR in Rambha P.S. Case No.571 of 2025, corresponding to G.R. Case No.1624 of 2025, pending before the learned J.M.F.C., Khalikote, Ganjam.

4. Learned counsel for the Petitioner at the outset contended that the Petitioners are ready and willing to settle the dispute involved in the present FIR. He further contended that initially an application under Section 9 of the Hindu Marriage Act was allowed and the opposite party No.2-wife was directed to join the Petitioners while restituting the conjugal rights. Thereafter, the opposite party No.2 did not join, for which an application was filed for grant of divorce.

Learned counsel for the Petitioners at this juncture contended that by virtue of a decree of divorce, which was granted ex parte in C.P. No.433 of 2022 by the Judge, Family Court, Berhampur, Ganjam vide judgment dated 14.11.2023, the marriage has been dissolved. Much after the marriage was dissolved the FIR has been filed with a prayer to return the dowry articles.

5. Taking into consideration the subject matter of the dispute, this Court is of the view that the matter can be resolved through mediation. Accordingly, this Court is inclined to issue notice for the aforesaid limited purpose.

6. Issue notice to the opposite party No.2 by Registered Post/Speed Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

7. List this matter in the week commencing 27.01.2026.

8. Heard.

9. Notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that on an application being filed by the Petitioners seeking adjournment in the present case, the learned trial Court shall do well to adjourn the matter for a period of eight weeks.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout Digitally Signed

Location: High Court of Orissa, Cuttack Date: 06-Dec-2025 13:56:56 Page 2 of 2.