[Cites 1, Cited by 0]
Orissa High Court
Prabhat Kumar Panda @ vs State Of Odisha & Ors. .... Opposite ... on 13 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.744 of 2026
Prabhat Kumar Panda @ .... Petitioner(s)
Mitu Mr. S.C. Mohapatra, Senior
Advocate along with associates
Mr. Puspamitra Mohapatra,
Advocate
-Versus-
State of Odisha & Ors. .... Opposite Party (s)
Mr. Tej Kumar, ASC
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
13.03.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC with a prayer to quash the
proceeding in connection with Bhanjanagar P.S Case No.113(6)/07
dated 07.05.2007 corresponding to G.R. Case No.274 of 2007 pending in
the Court of the learned SDJM, Bhanjanagar.
3. The brief fact of the case, as alleged in the FIR, is that on
07.05.2003 at about 8.00 P.M., the Petitioner and his associate entered
into the house of the Informant and kidnapped his sister, named, Rasmi
Rani Pattnayak and threatened him not to lodge any report against
them.
4. Learned counsel for the petitioner submits that due to
Signature Notmisunderstanding
Verified between the parties, the FIR was lodged. However,
Digitally Signed
Signed by: GITANJALI NAYAK
Reason: Authentication
Location: OHC
Date: 13-Mar-2026 17:41:50
the matter has been amicably settled between the parties in the
meantime. The Opposite Party No.2 has filed an affidavit which shall
form part of the record.
5. Perused the affidavit filed by the Opposite Party No.2. The
relevant contents thereof are extracted hereunder: --
"I, Bhabani Sankar Pattnayak, aged about 52
years, son of Haricharan Pattnayak, adopted son of
Damodar Pattnayak, At-Goudia Padhal, P.S.-
Bhanjanagar, Dist-Ganjam, do hereby solemnly
affirm and state as follows:-
1. That I am the Opposite party No.2 in the
aforesaid CRLMC and informant in this case.
2. That That the opposite party No.3 is the
sister of the deponent who left the house of the
deponent and thereafter she married to the petitioner
on 19.06.2007 and by the time when the opposite
party No.3 left the house of the deponent, she was
major.
3. That, the deponent humbly submits there
that after the solemnization of the marriage, the
petitioner and the opposite party no.3 are leading
happy conjugal life and out of their wedlock they
blessed with two female children, who are born on
16.01.2011 and 20.11.2017.
4. That in view of the above development, the
deponent is not willing to proceed with the case and
he has no objection if the criminal proceeding
initiated at his instance be quashed against the
petitioner.
5. That the deponent in order to substantiate
his identity files herewith the self-attested Xerox copy
of the Aadhaar Card along with this affidavit.
6. That the facts stated in this affidavit are
true to the best of my knowledge and belief and the
same is solemnized on my free will without any
coercion or any extraneous influence."
6. The Opposite Party No.3 has also filed a joint affidavit which
shall form part of the record. The relevant contents thereof are
extracted hereunder: --
"I, Rasmi Rani Pattnayak @ Panda,
aged about 40 years, Wife of Prabhat
Kumar Panda, At-Kalinga Nagar,
P.O./P.S.-Bhanjanagar, Dist.-Ganjam and
D/o.-Hari Charan Pattnayak, At-Goudia
Padhal, P.S.-Bhanjanagar, Dist.-Ganjam,
do hereby solemnly affirm and state as
follows:-
1. That I am the Opposite party No.3 in
the aforesaid CRLMC and legally married
wife of the petitioner.
2. That the deponent left her parental
house while she was aged about 22 years
and married to the petitioner on 19.06.2007
and since then she is leading a happy
conjugal life with the petitioner.
3. That the deponent further submits that
out of wedlock with the petitioner, they
blessed with two daughters, now aged about
15 years and 09 years respectively and both
of them are prosecuting their studies.
4. That in view of the above development
the deponent is not willing to proceed with
the case and she has no objection if the
proceeding will be quashed.
5. That the deponent in order to
substantiate her identity proof, filing
herewith the self attested identity proof i.e.
her Aadhaar Card.
6. That the facts stated in this affidavit are
true to the best of knowledge and belief of
the deponent."
7. Having perused the joint affidavits filed by the parties, this Court
is of the view that the scope and ambit of the inherent powers of this
Court under Section 482 CrPC is well settled. Such power is to be
exercised sparingly, with circumspection, and only to secure the ends
of justice or to prevent abuse of the process of Court. At the same time,
it is equally settled that the High Court, in appropriate cases, is not
powerless to quash criminal proceedings even in respect of non-
compoundable offences, if the facts and circumstances so warrant and
if continuation of the proceedings would amount to an abuse of the
process of law.
8. This Court is conscious of the fact that quashing of criminal
Signature Notproceedings
Verified should not be permitted to defeat the object of special
Digitally Signed
Signed by: GITANJALI NAYAK
Reason: Authentication
Location: OHC
Date: 13-Mar-2026 17:41:50
statutes. However, the peculiar facts of the present case, coupled with
the unequivocal stand of the informant and the subsequent
developments, persuade this Court to hold that the ends of justice
would be better served by putting an end to the criminal proceeding
rather than allowing it to continue mechanically.
9. Considering the submissions advanced by learned counsel for the
petitioner and upon careful perusal of the joint affidavit filed by the
parties, this Court is of the considered view that the dispute between
the parties has been amicably resolved. In the circumstances,
continuation of the criminal proceeding at this stage would serve no
useful or meaningful purpose and would only result in unnecessary
prolongation of the proceedings and avoidable burden on the docket of
the Court.
10. In view of the foregoing discussion, the CRLMC stands allowed.
Consequently, the proceeding in connection with Bhanjanagar P.S Case
No.113(6)/07 dated 07.05.2007 corresponding to G.R. Case No.274 of
2007 pending in the Court of the learned SDJM, Bhanjanagar, is hereby
quashed.
11. The CRLMC is disposed of, accordingly.
(Dr. Sanjeeb K Panigrahi)
Judge
Gitanjali
