[Cites 1, Cited by 0]
Orissa High Court
Sridhar Kumar Mishra 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.767 of 2026
Sridhar Kumar Mishra .... Petitioner(s)
Mr. Sahasransu Sourav, Advocate
-Versus-
State of Odisha & Anr. .... Opposite Party (s)
Mr. Tej Kumar, ASC
Mr. Suryakant Dwibedi,
Advocate for O.P No.2
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
FIR in connection with Manamunda P.S Case No.331 of 2024
corresponding to S.T. Case No.39 of 2025 pending in the Court of the
learned Additional Sessions Judge, Kantamal.
3. The brief fact of the case, as alleged in the FIR, is that on
06.11.2024 at 7.00 P.M., the complainant, named, Smt. Bharati Dash,
W/o Sridhara Mishra of village Similipadar PS-Manamunda, Dist-
Boudh appeared at PS and presented a written report that she had been
married to Sridhara Mishra, S/o-Suresh Chandra Mishra nine years ago
in vedic rituals. Her father had passed away before her marriage. At
the time of marriage, her mother had given dowry as per her capacity.
She blessed with two daughters one is 7 years and another is 3 years
old. She alleged that her husband was not doing any work. He always
demanded for money from her mother and tortured her. She being
compromised many times with her husband in presence of gentlemen
of her village came to her husband's house. On 04.11.2024 at about
10.00 AM her husband demanded for Rs.2,00,000/- to her mother. When
she refused to bring money from her mother, her husband squeezed
her younger daughter's neck. She rescued her daughter from the clutch
of her husband. Thereafter, her husband abused her in obscence
language and threatened to kill her life. He also beaten her by means of
stick (medha), as a result of which, she sustained severe injuries on her
head. Her father-in-law shifted her to CHC, Manamunda by an
Ambulance wherefrom she was referred to DHH, Sonepur. Hence this
case.
4. Learned counsel for the petitioner submits that during pendency
of the criminal proceeding, the matter has been amicably settled
between the parties in the meantime. The Opposite Party No.2 has filed
an affidavit to that effect.
5. Perused the affidavit filed by the Opposite Party No.2. The
relevant contents thereof are extracted hereunder: --
"I, Bharati Dash, aged about 31 years, Wife
of Sridhar Kumar Mishra, At-31, Similipadar,
Village -Similipadar(Part), G.P./Town - Similipadar,
P.S. Manamunda, Dist - Boudh, Pin-762030, do
hereby solemnly affirm and state on oath as under:
1. That I am the informant in Manamunda
P.S. Case No.331 corresponding to S.T Case No.39
of 2025 pending in the Court of the learned
Additional and District Judge, Kantamal, Boudh.
2. That, in the meantime upon efforts and
attempts being made by the friends and elders as well
as the respectable people of the society, thereby
clarifying all the bonafide mistakes,
misunderstandings between me and my husband
Sridhar Kumar Mishra, Son of Sureswara Mishra,
At/Via/P.O| Similipadar, P.S. Manamunda, Dist -
Boudh, Pin-762030. Moreover, due to intervention of
well-wishers, friends and family members, all the
disputes between me and my husband stands finally
resolved amicably and there is no ill will or complaint
against each other in any manner. Furthermore, I am
staying happily with my husband and two minor
children at our matrimonial house. Thus, I have
agreed to withdraw the complaint made against my
husband and I undertake to make such statements
before the court in this respect as and when required
and this affidavit may be utilised for quashing of
criminal proceedings arising from Manamunda P.S.
Case No.331 corresponding to S.T. Case No.39 of
2025 pending in the Court of learned Additional and
District Judge, Kantamal, Boudh.
3. That, I am executing this affidavit with my
consent and free will without any pressure, force,
coercion or undue influence from any side.
4. That the facts stated above are true and
correct to the best of my knowledge and belief."
6. 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.
7. This Court is conscious of the fact that quashing of criminal
proceedings should not be permitted to defeat the object of special
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.
8. 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.
9. In view of the foregoing discussion, the CRLMC stands allowed.
Consequently, the FIR in connection with Manamunda P.S Case No.331
of 2024 corresponding to S.T. Case No.39 of 2025 pending in the Court
of the learned Additional Sessions Judge, Kantamal, is hereby quashed.
10. The CRLMC is disposed of, accordingly.
(Dr. Sanjeeb K Panigrahi)
Judge
Gitanjali
