Dipak Kumar Nayak & Ors vs State Of Odisha & Anr. ....... Opposite ...
2026 Latest Caselaw 2327 Ori

Orissa High Court

Dipak Kumar Nayak & Ors vs State Of Odisha & Anr. ....... Opposite ... on 13 March, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   CRLMC No. 104 of 2026

                              Dipak Kumar Nayak & Ors.                        ........    Petitioner(s)
                                                                              Mr. Debasis Mishra, Adv.
                                                            -Versus-

                             State of Odisha & Anr.                          ....... Opposite Party(s)
                                                                       Mr. Subhakanta Mahapatra, Adv.
                                                                                           (for O.P.2)
                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI


                                                    ORDER

13.03.2026 Order No.

04.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The Petitioners have filed this CRLMC with a prayer to quash the

criminal proceeding initiated against them in Bhubaneswar

Mahila P.S. Case No.66 of 2024, corresponding to C.T. Case

No.628 of 2024, pending in the court of learned S.D.J.M.,

Bhubaneswar.

4. Learned counsel for both the parties submits that in the

meantime, the matter has amicably been settled between the

parties. In this regard, a joint affidavit dated 17.02.2026 has been

5. The relevant portion of the joint affidavit filed by both the parties

is extracted hereunder:

"xxx xxx xxx

4. That it is pertinent to submit here that, during pendency of the aforesaid civil proceeding he petitioner no-1 and opp party no-2 settled their dispute out of court and it was settled between them that, the opp party no-2 will take a sum of Rs. 23 lakhs towards permanent alimony from petition no-1 and she will not proceed with the case and accordingly she has received the said amount from petitioner no-1 vide demand draft no- 810046 dtd-30/08/2025 amounting to Rs. 20 Lakhs and on 15/10/2025 received a sum of Rs. 3 lakhs in cash. So in the circumstances learned Judge Family Court Puri vide Judgment dtd- 15/10/2025 allowed the aforesaid civil proceeding on contest and the marriage between the petitioner no.1 and opp party no.2 was dissolved by a decree of divorce.

5. That it is further agreed between the parties that the opp party no-2 will have no objection if the criminal proceeding initiated against the petitioners vide Bhubaneswar Mahila PS Case No-66/2024 pending in the court of learned SDJM Bhubaneswar is quashed.

6. That in view of the amicable settlement between the parties and since the marriage between the petitioner no-1 and opp party no-2 has been dissolved by decree of divorce, the opp party no-2 does not want to proceed any further in the criminal proceeding pending against the petitioners.

7. That in the facts and circumstances stated above the continuance of criminal proceeding vide CT Case No- 628/2024 corresponding to Bhubaneswar Mahila PS Case No- 66/2024 pending in the court of learned SDJM, Bhubaneswar will no way serve the purpose of the prosecution in any manner because of amicable settlement between the parties as there bleak chance of conviction in the case at hand."

8. Considering the contents of the joint affidavit filed by both the

parties and following the ratio laid down by the Supreme

Court in Gian Singh v. State of Punjab and another1, and two

other reported cases of this Court in Lokanath @ Anadi Sethi

(2012) 10 SCC 303 1 Signed Digitally Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 13-Mar-2026 18:00:19

and four others v. State of Orissa and four others2, and Sansuri

alias Khageswar Lenka and another -vrs.- State of Orissa and

Another3, wherein this Court is of the opinion that no useful

purpose will be served in allowing such proceedings to

continue the criminal proceeding in the aforesaid case as it will

only lead to abuse the process of law.

9. In view of the aforesaid discussion and considerations, the

application is allowed. Accordingly, the entire criminal

proceeding initiated against the Petitioners in C.T. Case No.628

of 2024 corresponding to Bhubaneswar Mahila P.S. Case No.66

of 2024, pending before the Court of the learned S.D.J.M.,

Bhubaneswar, stands quashed.

10.This CRLMC is, accordingly, disposed of.

                                                        ( Dr. Sanjeeb K Panigrahi)
                                                                 Judge


     Murmu




    2014Not(II)

Signature       OLR 29
             Verified
Digitally
         2014 (II) OLR 452
       3 Signed
Signed by: LITARAM MURMU
Reason: Authentication
Location: OHC
Date: 13-Mar-2026 18:00:19