[Cites 11, Cited by 0]
Orissa High Court
Puspalata Mishra & Ors vs State Of Odisha & Anr. ..... Opposite ... on 3 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4480 of 2024
Puspalata Mishra & Ors. ..... Petitioner (s)
Mr. Soubhagya Kumar Dash,
Advocate
-versus-
State of Odisha & Anr. ..... Opposite Party (s)
Ms. Gayatri Patra, ASC
Mr. Sanjay Kumar Pradhan
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 03.02.2026
1. This matter is taken up through hybrid
arrangement.
2. This matter was not in today's list. On being
mentioned, this matter is taken up through Special Notice.
3. The Petitioners have filed this CRLMC with a
prayer to quash the entire proceeding and the order dated
17.06.2019 passed by the learned Sub-Divisional Judicial
Magistrate, Berhampur in G.R Case No.1591 of 2018
arising out of Mahila P.S. Case No.63 of 2018.
4. The Petitioners and the Opposite Party No.2 is
present before this Court in person.
5. Learned counsel for the Petitioners submits that the
Petitioner No.1 is died in the meantime. The matter has
been amicably settled between the Opposite Party No.2
Reason: Authentication Page 1 of 5.
and other Petitioners. In the meantime, the Opposite Party
No.2 has filed a case under Section 13-B of the Hindu
Marriage Act, wherein she has sought for mutual divorce.
A Joint Affidavit has been filed to that effect which shall
form a part of the record. The contents of the Joint
Affidavit is extracted hereinbelow: -
"I, Smt. Lopamudra Kar, aged about 39
years, Wife of Sri Balabhadra Misra, D/o Sri
Chittaranjan Kar, at present residing at
Gandhi Nagar, 3rd Lane, P.O.-Berhampur,
P.S. B-Town, District Ganjam, do hereby
solemnly affirm and state as follows:
1. That I am the Opposite Party
No.2/informant in the above noted
CRLMC and am well acquainted with
the facts and circumstances of the case.
2. That the present CRLMC arises out of
Mahila P.S. Case No.63 of 2018,
corresponding to G.R. Case No.1591 of
2018, pending before the learned
S.D.J.M., Berhampur wherein
cognizance has been taken under
Sections 498-A/294/323/406/506/34
IPC read with Section 4 of the Dowry
Prohibition Act, 1961.
3. That the present petitioners are my in-
laws, and the criminal case arose out of
matrimonial disputes between me and
my husband.
4. That due to settlement of all disputes,
I and my husband Sri Balabhadra
Misra have amicably resolved our
Reason: Authentication Page 2 of 5.
differences and mutually decided to
dissolve our marriage.
5. That pursuant to such settlement, we
have already filed a petition for divorce
by mutual consent, which is pending
before the learned Judge, Family
Court, Berhampur vide C.P
No.12/2026, posted to 06.02.2026 for
final adjudication.
6. That further, I along with my husband
have already filed a joint affidavit
before this Hon'ble Court in CRLMC
No.361 of 2026, expressing my
consent and no objection for quashing
of the criminal proceedings arising out
of the aforesaid F.I.R.
7. That I categorially state that I have no
objection if the entire criminal
proceeding arising out of Mahila P.S.
Case No.63 of 2018 corresponding to
G.R Case No.1591 of 2018 is quashed
against the present petitioners.
8. That I am filing this affidavit
voluntarily, out of my own will,
without any coercion, pressure or
undue influence from any quarter.
9. That the statements made herein are
true and correct to the best of my
knowledge and belief and nothing
material has been suppressed."
6. Having considered the contents of the joint affidavit
filed by the Petitioners and the Opposite Party
No.2/Complainant, it is evident that the dispute between the
parties arose out of a matrimonial discord, which has since
Reason: Authentication Page 3 of 5.
been amicably resolved and culminated in a mutual settlement.
The parties have consciously decided to put an end to all
pending litigations and to move forward in their respective
lives. In such circumstances, continuation of the criminal
proceedings would neither advance the cause of justice nor
serve any fruitful purpose. The Hon'ble Supreme Court in Gian
Singh v. State of Punjab & Anr1 has authoritatively held that
criminal proceedings emanating from matrimonial and family
disputes, which are essentially private in nature and do not
have a serious impact on society at large, may be quashed in
exercise of inherent powers when the parties have settled their
differences. The said principle has been consistently followed
by this Court in Lokanath @ Anadi Sethi and four others v.
State of Orissa and four others 2and Sansuri alias Khageswar
Lenka and another v. State of Orissa & Anr3. Applying the
aforesaid ratio to the facts of the present case, this Court is of
the considered view that allowing the proceedings to continue
would amount to an abuse of the process of law.
7. In view of the joint affidavit filed by the parties and the
undisputed fact that the matrimonial dispute has been
conclusively resolved and the marriage dissolved by mutual
consent under Section 13-B of the Hindu Marriage Act, 1955,
this Court is satisfied that the continuation of the criminal
(2012) 10 SCC 303
2 2014 (II) OLR 29
3 2014 (II) OLR 452
Reason: Authentication Page 4 of 5.
Location: OHC
Date: 11-Feb-2026 10:52:19
proceedings would serve no purpose and would amount to an
abuse of the process of law. Thus, guided by the principles laid
down by the Hon'ble Supreme Court in Gian Singh(supra)
which have been consistently followed by this Court, this Court
deems it a fit case for exercise of inherent jurisdiction under
Section 482 CrPC to secure the ends of justice. Accordingly, the
application is allowed and the order dated order dated
17.06.2019 passed by the learned Sub-Divisional Judicial
Magistrate, Berhampur in G.R Case No.1591 of 2018
arising out of Mahila P.S. Case No.63 of 2018, is hereby
quashed.
8. This CRLMC is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Gitanjali
Reason: Authentication Page 5 of 5.
