Orissa High Court
Srikanta Pati vs State Of Odisha And Others ..... ... on 27 November, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3706 of 2025
Srikanta Pati ..... Petitioner
Represented By Adv. -
Lingaraj Sarangi
-versus-
State Of Odisha and others ..... Opposite Party
Represented By Adv. -
Santosh Chandra
Atabudhi
Mr. C.M. Singh, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
27.11.2025
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the Opposite Party No.3 as well as learned counsel for
the State representing Opposite Party Nos. 1 and 2. Perused the
application as well as the prayer made therein.
3. Both the Petitioner as well as the Opposite Party No.3 are
present in Court in person and are duly identified by their
respective counsels.
4. By filing the present application under Section 528 of the
BNSS which corresponds to Section 482 of the Cr.P.C., the
Petitioner seeks quashing of the entire criminal proceeding in C.T.
Case No.64 of 2024 pending in the file of learned S.D.J.M.,
Bhubaneswar. The above noted C.T. Case arises out of
Bhubaneswar Maitri Vihar P.S. Case No.14 of 2024 which was
registered on the allegation of Opposite Party No.3-Informant, the
commission of an offence punishable under Section 498-A/294 of
IPC read with Section 4 of the D.P. Act.
5. Learned counsel for the Petitioner-husband at the outset
contended that due to a misunderstanding between the husband
and wife the above noted criminal case was registered. He further
contended that in the meantime, a C.P. has been filed before the
learned judge, Family Court, Bhubaneswar which was registered
as C.P. No.34 of 2024.
6. On perusal of the C.P. at Annexure-4 it can be seen that the
same has been filed under Section 10 of the Divorce Act, 1869,
with a specific prayer for grant of a decree of divorce by
dissolving the marriage between the Petitioner and Opposite Party
No.3, which was solemnized on 13.02.2009, and to pay a
permanent alimony of Rs.30,00,000/-(Rupees thirty lakh).
7. Learned counsel for the Petitioner further contended that the
aforesaid C.P. has been disposed of on contest by judgment dated
8th October, 2025 and the learned Judge, Family Court,
Bhubaneswar has already granted a decree of divorce by
dissolving the marriage between the Petitioner and the Opposite
Party No.3. Learned counsel for the Petitioner further contended
after dissolution of the marriage vide judgment dated 08.10.2025
of the learned Judge, Family Court, Bhubaneswar the parties have
compromised the present criminal case. Accordingly, a joint
affidavit was filed before this Court indicating the aforesaid fact.
8. Learned counsel for the State on the earlier occasion was
directed to take instruction on the joint affidavit filed by the
parties pursuant to the instruction dated 22.11.2025 of the IIC,
Maitri Vihar Police Station, Bhubaneswar. Learned counsel for the
State contended that on inquiry the IIC found that the Petitioner
and the Opposite Party No.3 were living together as husband and
wife. However, due to certain dispute between them they have
been living separately since 2019. It has also been specifically
indicated that subsequently the matter has been amicably settled
and that the Petitioner has returned the articles which were given
to him at the time of marriage and an amount of Rs.3,00,000/- in
cash. Now they are living separately and have decided to part
ways gracefully. A copy of letter dated 22.11.2025 was filed
before this Court. The same is accepted and taken on record.
9. The Petitioner and the Opposite Party No.3 are present in
person before this Court. On a specific query imposed by this
Court to the Opposite Party No.3-Informant, she has stated that the
matter has been amicably settled and that pursuant to the decree of
divorce they have living separately. She further contended that
since the matter has been amicably settled she does not want to
proceed further in the present criminal case. The Opposite Party
No.3 further specifically stated before this Court that she has no
objection in the event the entire criminal proceeding against the
Petitioner is quashed.
10. Having regard to the submissions made by learned counsels
appearing for the respective parties, further taking into
consideration the statement of the victim made before this Court,
while being present in-person, as well as the report of the IIC,
Maitri Vihar P.S. dated 22.11.2025 and keeping in view the decree
of divorce dated 08.10.2025 passed by the learned Judge, Family
Court, Bhubaneswar in CP No.34 of 2024, this Court is of the
view that the dispute involved in the present case specifically
arises out of matrimonial discord between the Petitioner and the
Opposite Party No.3. Due to incompatibility between the two they
have decided to part ways gracefully and, accordingly, a decree of
divorce has already been granted. Further, taking into
consideration the fact that the Opposite Party No.3-Informant is no
more interested to continue the present criminal litigation, any
further continuance of the present proceeding, according to this
Court considered opinion, would be an abuse of process of law.
Since the informant does not support the case of the prosecution
the possibility of the matter ending in conviction is also very bleak
and the continuance of the proceeding would also waste valuable
judicial time. In view of the subsequent development, this Court is
of the view that the present case is a fit case where this court
should exercise its inherent powers to bring an end to the criminal
proceeding pending before the learned S.D.J.M., Bhubaneswar in
the larger interest of justice and the Parties. As such, this Court has
no hesitation to quash the entire criminal proceeding.
11. Accordingly, the Criminal Proceeding against the Petitioner
in C.T. Case No.64 of 2024 pending in the Court of learned
S.D.J.M., Bhubaneswar is hereby quashed.
12. The present CRLMC application filed by the Petitioner
stands allowed.
( A.K. Mohapatra)
Judge
Sisir
Designation: Personal Assistant
