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Orissa High Court
Anvesh Panda And Another vs Union Of India on 27 February, 2026
Author: B. P. Routray
Bench: B. P. Routray
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 27-Feb-2026 15:49:48
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.12733 of 2020
Anvesh Panda and Another .... Petitioners
Mr. S.K. Mishra, Sr. Advocate
along with Ms. P.S. Mohanty, Advocate
-versus-
Union of India, represented by the
Secretary, Ministry of External Affairs,
New Delhi and Others .... Opposite Parties
Mr. D. Nayak, AGA
Mr. D. Gochhayat, CGC
Mr. S.K. Gadanayak, counsel for O.P.5 & 6
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
27.2.2026
Order No.
06. 1. Heard Mr. S.K. Mishra, learned senior counsel for the
petitioner, Mr. D. Gochhayat, learned CGC for Union of India (O.P.
No.1), Mr. S.K. Gadanayak, learned counsel for opposite parties 5 and
6 and Mr. D. Nayak, learned AGA for State - opposite parties 7 and 8.
2. The petitioners have prayed for a direction to the opposite
parties to handover the ashes and mortal remains, death certificate and
other belongings / documents of late Anil Kumar Panda to them.
3. In course of hearing it is submitted by Mr. Mishra, learned
senior counsel that in the criminal proceeding which reached to this
court in CRLMC No.4720 of 2024 between petitioners and the parents
of deceased, a mediation took place and as per the agreement arrived
by the parties before the Mediator, the mother and father of the
deceased (Late Anil Kumar Panda) have agreed for handing over the
mortal remains, death certificate and other articles of the deceased to
be received by present petitioner no.2, who is the wife of late Anil
Kumar Panda. In this regard an authenticated copy of the report of the
Mediator dated 7th July, 2025 is produced along with the certified
copy of order dated 5th December, 2025 passed in CRLMC No.4720
of 2024. The copies of the order and report are kept on record. Clause
(ii) of the Mediation Report, as it is agreed between the private parties
during the mediation, reads as follows:-
"ii. The mortal remains, death certificate and other articles
of Late Anil Kumar Panda which is kept in Indian
Embassy of Indonesia will be received by the Opposite
Party No.2. The Opp. Party No.2 will provide photostat
copy of documents received by her including death
certificate to Sri Antaryami Panda, Petitioner No.1. Both
the parties agree to take steps for disposal of W.P.(C)
No.12733/2020 in terms of this compromise."
4. Further, relevant portion of order dated 5th December, 2025 of
this court passed in CRLMC No.4720 of 2024 reads as under:-
"8. On perusal of record it appears that this Court vide
order dated 12.03.2025 with the consent of the Parties had
sent the matter to the High Court Mediation Centre for an
amicable resolution of the dispute. Upon conclusion of
such mediation proceeding a report of the learned
mediator has been received by this Court dated
07.07.2025. On perusal of the report of the mediator dated
07.07.2025 it is evident that the mediation proceeding has
become successful and that the parties have amicably
resolved the dispute subject to the terms and conditions,
which were filed in the shape of a memo before the
learned mediator. Such terms and conditions, which were
filed in the shape of memo also form a part of the report of
the mediator dated 07.07.2025.
9. In view of the aforesaid subsequent development and
further taking into consideration the report of the mediator
dated 07.07.2025 as well as the terms and conditions
which are attached to the mediation report, this Court has
no hesitation in coming to conclusion that the matter has
been amicably resolved on such terms and conditions
which have been duly recorded by the learned mediator in
his report dated 07.07.2025. Moreover, Opposite Party
No.2 represented by his lawyer stated before this Court
that she is no more interested in continuing further in the
present criminal proceeding and that she will have no
objection if the entire proceeding is quashed. Such fact has
also been brought on record by filing an affidavit before
this Court.
10. In view of the aforesaid position, this Court is of the
view that the present case is a fit case where this Court can
exercise its inherent power to quash the criminal
proceeding, particularly keeping in view the nature of the
dispute involved. Accordingly, in terms of the settlement
dated 07.07.2025, the pending criminal proceeding in G.R.
Case No.2157 of 2024 is hereby quashed. Further, it is
made clear that in case of failure by the parties to abide by
the terms and conditions agreed before the learned
mediator, which has been reduced to writing and signed by
the Party it will be open to the Party who suffers due to
noncompliance of the other party to take recourse of law."
5. Mr. Gadanayak, learned counsel for opposite parties 5 and 6
also agrees before this court that he has no objection with regard to
such report of the mediation and regarding handing over of mortal
remains of late Anil Kumar Panda along with other documents to the
petitioners.
6. Accordingly this court disposes of the writ petition with a
direction to opposite parties 1 to 4 to take necessary steps for handing
over the mortal remains (ashes) along with the death certificate, other
belongings and documents of late Anil Kumar panda to Petitioner
No.2 (Smt. Sunanda Padhy) within a reasonable period.
7. An urgent certified copy of this order be issued on proper
application.
( B.P. Routray)
Judge
M.K.Panda
