The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.677 of 2025 Rajesh Bhardwaj &others ..... Petitioners State Of Odisha & another -versus- ..... Represented By Adv. - Trilochan Nanda Opp.Parties Represented By Adv. – Mr.C.M.Singh, ASC & CRLMC No.2272 of 2024 Rajesh Bhardwaj & others ..... Petitioners State Of Odisha &anoher -versus- ..... Represented By Adv. - Trilochan Nanda Opp.Parties
Decision
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 21.08.2025 Order No. 03. I.A.NOs.1190 & 1189 OF 2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Learned counsel for the Petitioners is permitted to carry out correction in the cause title of the CRLMC application. Corrected copy of the cause title already filed be taken on record. Page 1 of 6. 3. On perusal of the order dated 12.03.2025, it appears that the matter was sent to Orissa High Court Mediation Centre for amicable resolution of the dispute with the consent of the learned counsel for both the sides. In the meantime, mediation has taken place with the participation of the parties. A copy of the mediation report has been attached to the record in CRLMC No.2272 of 2024. On perusal of the mediation report, it is also listed along with CRLMC 677 of 2025. 4. On perusal of the record in CRLMC No.2272 of 2024, it appears that the same was also sent to Orissa High Court Mediation Centre by a coordinate Bench on 10.03.2025 with the consent of the conducting counsel. Both CRLMC No.677 of 2025 and CRLMC No.2272 of 2024 have been filed at the instance of the in-laws of the informant-wife. On perusal of the report of the Mediator, which is filed along with CRLMC No.2272 of 2024, it appears that the learned Mediator vide his report dated 11.07.2025 mentioned that the mediation became successful. On further perusal of the report, it appears that both the parties appeared before the Mediator at the Orissa High Court Mediation Centre, Aain Seva Bhawan, Cuttack. As agreed to by both sides, the dispute between the parties have been resolved through compromise and the terms and conditions of the compromise have been reflected in the mediation report dated 11.07.2025. Such terms and conditions are extracted herein below. That i) filed Matrimonial Case No.53/2024 in the Court of the Opp.Party No.2 has Page 2 of 6. learned Sr.Civil Judge for divorce against her husband, Abhinav Bharadwaj. It is agreed by the parties, that they will file joint application for divorce with mutual consent and that application will be allowed and the marriage will be dissolved by decree of divorce. In lieu of that, the husband Abhinav Bharadwaj has paid Rs.8,00,000/- (Rupees Eight Lakhs) only to the Opp.Party No.2 Goutami Sharma today i.e. on 11.07.2025 by way of demand draft vide No.260926 dtd. 07.07.2025 of State Bank of India. A Photostat copy of the said Demand Draft is kept on record. The Opp.Party No.2 has received the same Demand Draft amount to Rs.8,00,000/- as permanent alimony (past and future maintenance) and the Opp.Party No.2 will not demand any further amount in future from her husband. Accordingly, the marriage between the parties will be dissolved by decree of divorce to be passed by the competent court as aforementioned. in the the file of ii) That the Opp.Party No.2 has instituted a proceeding u/s 12 of the PWDV Act, 2005 against the petitioners and her husband which has been registered as Misc.Case No.45/2024 which is now learned SDJM, pending Sundargarh. The Petitioners have filed CRLMC No.2272/2024 before the Hon’ble High Court of Orissa for quashment of the proceedings in the said case. The husband, Abhinav Bharadwaj will also be impleaded as a party in the CRLMC and the proceedings of Misc.Case No.45/2024 pending before the learned SDJM, Sundargarh will be quashed against the petitioners and the husband of the Opp.Party No.2 namely Abhinav Bharadwaj. The Opp.Party no.2 records her no objection and consent for the quashing of the in CRLMC prayed proceedings No.2272/2024. for as iii) That the Opp.Party No.2 as an informant has lodged G.R.Case No.1210/2023 pending in the court of learned ASJ-cum-SR.CJ (Women’s Court), Sundargarh arising out of the Page 3 of 6. Lephripada P.S. Case No.231/2023 U/s 498- A,323, 341/34 of IPC read with Section 4 of the DP Act. The Petitioners have filed CRLMC No.677/2025 before the Hon’ble High Court of Orissa for quashing of the Criminal Proceedings in the aforementioned case. The husband of the Opp.Party No.2 will be impleaded in the said CRLMC and the entire criminal proceeding in the said criminal case will be quashed against the Petitioners and husband of the Opp.Party No.2 namely Abhinav Bharadwaj. The Opp.Party No.2 records her no objections and consent for quashing of the Criminal Proceeding in the said case.” 5. The terms of compromise as agreed between the parties reveal that husband of the informant shall pay permanent alimony of Rs.8,00,000/- to the informant-wife. Learned counsel for the informant-wife admitted before this Court that the aforesaid amount of Rs.8,00,000/- has already been received by Opposite Party No.2 and the same has been reflected in the terms of compromise under Clause-(i). As per the condition contained in Clause-(ii) of the compromise, the Opposite Party No.2 has specifically agreed that she has objected to Misc.Case No.45 of 2024 which has been assailed before this Court in CRLMC No.2272 of 2024, initiated under section 12 of PWDV Act, 2005. Similarly, Opposite Party No.2 has also undertaken that he will have no objection for quashing of G.R.Case No.1210 of 2023 pending before the learned ASJ-cum- Sr.CJ(Women’s) Court, Sundargarh arising out of Lephripada P.S.Case No.231 of 2023 for commission of offence under sections 498-A,323,341/34 of the Indian Penal Code read with section 4 of D.P.Act. In CRLMC Page 4 of 6. No.677 of 2025 the Petitioner has prayed for quashing of the aforesaid G.R.Case No.1210 of 2023 on the ground of compromise. 6. On a careful analysis of the records as well as the report of the Mediator dated 11.07.2025, which has been sent to this Court by the Coordinator, High Court of Orissa Mediation Centre vide his letter dated 16.07.2025 this Court observes that the matter has been amicably settled between both sides. The informant-Opposite Party No.2 has already received permanent alimony of Rs.8,00,000/-. The aforesaid position is not disputed by the learned counsel for the Opposite Party No.2. 7. Learned Additional Standing Counsel for the State on the other hand contended that since the matter has been amicably resolved as per the report of the High Court of Orissa Mediation Centre and the parties have agreed to the terms and conditions, he will have no objection if this Court passes necessary orders taking into consideration the aforesaid compromise. 8. Taking into consideration the factual background and the fact that the matter has been amicably resolved at the High Court of Orissa Mediation Centre and the parties are agreeable to the terms of compromise and the same has been acted upon and, further considering the fact that the Opposite Party No.2 has no objection for quashing of the criminal proceedings, this Court has no hesitation in quashing the entire criminal proceeding in Misc.Case No.45 of 2024 initiated under section 12 of the PWDV Act, 2005 Page 5 of 6. pending before the learned S.D.J.M., Sundargarh as well as G.R.Case No.1210 of 2023 arising out of Lephripada P.S.Case No.231 of 2023 pending in the court of the learned ASJ-cum-Sr.CJ(Women’s Court), Sundargarh. Accordingly, both the proceedings are hereby quashed. 9. With the aforesaid observation both the CRLMC applications as well as the Interlocutory Applications are disposed of. RKS ( Aditya Kumar Mohapatra) Judge Page 6 of 6. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 22-Aug-2025 18:31:54