Orissa High Court
) Amrit Mishra vs ) State Of Odisha ..... Opposite Parties on 8 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3065 of 2025
1) Amrit Mishra ..... Petitioners
2) Abhaya Kumar Mishra Represented By Adv. -
3) Sujata Kumari Mishra M/s. Ramanikanta
Pattanaik, B.C. Parija,
A.R. Panda, B. Pattanaik,
R.K. Jena, S.S. Panda, C.
Dhal, R.K. Tripathy, B.P.
Sahoo
-versus-
1) State of Odisha ..... Opposite Parties
2) Durgatinashinee @ Represented By Adv. -
Dugatinashinee Mr. U.C. Jena, ASC
Ms. Madhusnata Routray,
Advocate for O.P. No.2
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
08.09.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioners, learned
counsel for the State-Opposite Party No.1, and learned counsel
for the Opposite Party No.2-Informant before issuance of notice.
Perused the application as well as the documents annexed
thereto.
3. The present application under Section 528 of BNSS, 2023
has been filed by the Petitioners, who are husband, father-in-law
and mother-in-law respectively of the Opposite Party No.2, with
a prayer to quash the entire criminal proceeding pending against
them in C.T. Case No.24 of 2023, arising out of Info City P.S.
Case No.12 of 2023, which was initiated at the instance of the
Opposite Party No.2-wife alleging commission of offences
under Sections 498-A, 341, 323, 294, 506 read with Section 34
of the I.P.C., pending in the court of learned J.M.F.C.-II,
Bhubaneswar.
4. On perusal of the record, it appears that the Petitioner No.1
married to the Opposite Party No.2 and Petitioners No.2 and 3
are father-in-law and mother-in-law of the Opposite Party No.2-
Informant. During their marriage, a matrimonial discord
occurred between the Petitioner No.1-husband and the Opposite
Party No.2-wife. Thereafter, a divorce proceeding under Section
13B of the Hindu Marriage Act for dissolution of the marriage
was initiated at the instance of the Petitioner No.1 before the
learned Senior Civil Judge, Hindol, which was registered as
MAT Case No.01 of 2025. In the meantime, the present F.I.R.
was registered on 07.01.2023 before the Info City Police Station,
Bhubaneswar UPD making allegation of commission of the
offences as has been mentioned therein. The judgment at
Annexure-3 of the learned Senior Civil Judge, Hindol in MAT
Case No.01 of 2025 was delivered on 17.03.2025 and it reveals
that the Petitioner No.1 filed an application under Section 13B of
Hindu Marriage Act for dissolution of the marriage. In the body
of the judgment at Annexure-3, it has been mentioned that the
decree of divorce was sought for by the Petitioner No.1-husband
and Opposite Party No.2-wife on mutual consent. In the said
proceeding, the evidence of the parties was recorded.
Accordingly, the trial court granted a decree of divorce on
contest. However, no permanent alimony was awarded.
5. Learned counsels appearing for both the sides, at this
juncture, contended that a decree of divorce was granted on the
basis of the mutual consent of the parties though the same has
been indicated to be on contest. They further contended that it
has been agreed that the parties are parting ways on a mutual
decree of divorce and that the Opposite Party No.2-wife shall not
claim any permanent alimony. It is also agreed that the criminal
cases instituted at the instance of the Opposite Party No.2-wife
shall also be withdrawn. On the basis of the aforesaid
agreement, the parties have approached this Court by filing the
present application for quashing of the entire criminal
proceeding.
6. Learned counsel for the Opposite Party No.2-Informant,
while supporting the contention raised by the learned counsel for
the Petitioner No.1-husband, submitted that she has no objection
in the event the entire criminal proceeding is quashed, as the
marriage of the Petitioner No.1 and Opposite Party No.2 has
already been dissolved.
7. Learned counsel for the State-Opposite Party No.1, on the
other hand, contended that since the parties have no objection to
the quashing of the criminal proceeding, he will have no
objection in the event this Court passes any order keeping in
view the interest of the parties.
8. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the
background facts of the present case, further taking into
consideration the submissions made by the learned counsels
appearing for the Opposite Party No.2-wife and on a close
scrutiny of the judgment dated 17.03.2025 at Annexure-3, this
Court is of the view that the marriage between the Petitioner
No.1-husband and the Opposite Party No.2-wife has been
dissolved on mutual consent although the same has been shown
to be on contest. Moreover, the Opposite Party No.2-wife has
no objection in the event the entire criminal proceeding is
quashed.
9. Keeping in view the surrounding facts and circumstances,
as well as the factual background of the present case, this Court
is of the considered view that this is a fit case to exercise its
inherent power to bring an end of the entire criminal proceeding.
Otherwise also the chance of conviction is very bleak. In such
view of the matter, this Court is inclined to quash the entire
criminal proceeding.
10. Accordingly, the Criminal Miscellaneous Case is allowed
and the entire criminal proceeding launched against the
Petitioner vide C.T. Case No.24 of 2023, which arises out of
Info City P.S. Case No.12 of 2023, pending in the court of the
learned J.M.F.C.-II, Bhubaneswar, is hereby quashed, so far as
the present Petitioners are concerned. The learned J.M.F.C.-II,
Bhubaneswar or the court in seisin over the matter shall, on
receipt of this order/production of the certified copy of this
order, close the proceeding in the aforesaid case in compliance
of this order.
( Aditya Kumar Mohapatra)
Judge
Debasis
