[Cites 6, Cited by 0]
Orissa High Court
Bidhan Kumar Routray vs State Of Orissa & Anr on 7 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.702 of 2026
Bidhan Kumar Routray .... Petitioner(s)
Mr. Susanta Kumar Nayak, Adv.
-versus-
State of Orissa & Anr. .... Respondent(s)
Miss Gayatri Patra, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 07.03.2026
No. I.A. No.605 of 2026
01. 1. This matter is taken up through hybrid arrangement.
2. This I.A. is filed for dispensing with filing of certified
copy of the order of cognizance dated 11.02.2022 passed by
the learned A.S.J(W), Jagatsinghpur in G.R. Case
No.1495/2021.
3. Heard.
4. Considering the submission made on behalf of the
Petitioner and looking to the averments made in this I.A.,
this Court allows the prayer made in this I.A. Filing of
certified copy of the order of cognizance dated 11.02.2022
passed by the learned A.S.J(W), Jagatsinghpur in G.R. Case
No.1495/2021 is dispensed with for the time being.
Designation: Personal Assistant
5. This I.A. is, accordingly, disposed of.
Location: High Court of Orissa
Date: 09-Mar-2026 12:30:10
6. In the present CRLMC, the Petitioner has prayed for
quashing the order of cognizance dated 11.02.2022 passed
by the learned Assistant Sessions Judge (W), Jagatsinghpur
in G.R. Case No.1495 of 2021 which is instituted based on
the allegation of matrimonial dispute made by the
Opposite Party No.2.
3. Heard.
4. At the outset, learned counsel for the Petitioner submits
that in the meantime, the marriage solemnized between
the Petitioner and the Opposite Party No.2 has already
been dissolved vide judgment/order dated 01.03.2025
passed in Civil Proceeding No.370 of 2023. He further
contends that since the marriage between the Petitioner
and the Opposite Party No.2 is already dissolved, no
purpose will be served in continuing with the criminal
proceeding arising out of the said matrimonial dispute.
He, accordingly, prays for allowing the prayer made in
this CRLMC.
5. Considering the submissions made on behalf of the
Petitioner, this Court finds that marriage solemnized
between the Petitioner and the Opposite Party No.2 has
already been dissolved by a decree of divorce on mutual
consent vide judgment/ order dated 01.03.2025 passed in
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 09-Mar-2026 12:30:10
the above noted Civil Proceeding. The offences under
Sections 498-A, 323, 294, 506 & 34 of I.P.C and Section 4 of
the Dowry Prohibition Act which were foisted by the
Opposite Party No.2, are non-compoundable offences as
the same stand from a matrimonial dispute which are
distinct from heinous crime involving extreme violence
having huge societal impact. At the same time, the
germinating point of the discord has already been
culminated into a mutual divorce roping in the distant
relatives without specific allegation which dilutes the
provisions of moral and constitutional force.
6. In view of the aforesaid discussion and considerations,
the present CRLMC is allowed. Accordingly, the order of
cognizance dated 11.02.2022 passed by the learned
Assistant Sessions Judge (W), Jagatsinghpur in G.R. Case
No.1495 of 2021 stands quashed.
7. This CRLMC is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 09-Mar-2026 12:30:10
