The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No. 120 of 2016 Sanjay Kumar Panda …. Appellant Represented by – Mr. Pravasha Pujaree Parida, Advocate. -Versus- Namita Khuntia …. Respondent
Legal Reasoning
Represented by – Mr. Anup Udaya Senapati, Advocate. CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No.
Decision
ORDER 14.08.2025 15. 1. This matter is taken up at 2.00 PM being mentioned by the learned counsel for both the parties. The Appellant-husband in the marriage, namely Sri Sanjaya Kumar Panda and the Respondent-wife namely Smt. Namita Khuntia are present in the Court in person. 2. The Respondent-wife in the marriage was spoken to by the Court in the language she understands, i.e. ‘Odia’. She stated that she understands the contents of the compromise petition filed today and she has put her signature after going through the same. 3. A joint compromise petition has been filed by both the parties under Order 23, Rule 3 of the CPC, 1908. Both the parties have signed the said joint compromise petition at all the pages, which is supported by affidavits of the parties being identified by their respective counsels, Page 1 of 4 sworn before the Commissioner of Oath, Orissa High Court, Cuttack on 14th August, 2025, i.e. today. The joint compromise petition is taken on record, which forms part of this proceeding. 4. The Terms and Conditions of the Joint Compromise Petition filed before this Court dated 14.08.2025 are reproduced herein – That, in presence of the well-wishers and friends of both the “I. parties, the alleged dispute was finalized in between the parties. That, II. settled at the permanent alimony has been Rs.12,00,000/- (Rupees Twelve Lakhs Only) which is handed over by the appellant to the Respondent in shape of Demand Draft vide No. 535433, Dtd. 05/08/2025 drawn on State Bank of India, OUAT to Rs.12,00,000/- Campus Branch, Bhubaneswar amounting (Rupees Twelve lakhs Only) and it is also clarified that besides that, there is no other due/arrear/outstanding to be received/accrued in favour of respondent from appellant side in any manner whatsoever. III. That, neither of the parties shall have any claim over the property of the other in any manner whatsoever in present or in future. Neither of the parties shall have any obligation/debt against the other party in any form whatsoever. IV. That, as the Respondent does not want to proceed further in connection with Civil Execution No. 04/2017, Criminal Execution No. 126/2024 and C.R.P. No.27/2018 (A proceeding U/S-125, Cr.P.C.) pending before the Ld. Court of Judge, Family Court, Bhubaneswar against the Appellant in view of the settlement, she shall withdraw those proceedings before the Ld. Court of Judge, Family Court, Bhubaneswar. V. That, after separation, both the parties will live as per their sweet will and both are free from all sorts of misrepresentation, persuasion, threat, coercion, fraud, force or influences from any corner. VI. That, both the parties shall abide by the terms and conditions of this compromise and if either of the party violates the terms of Page 2 of 4 the compromise, the other party shall prosecute him/her in appropriate court of law. VII. That, the compromise petition is being filed by both the parties for their future interest and this Compromise Petition may be treated as part and parcel of the Decree. VIII. That, this compromise is being made from free will and sound mind of the parties, without any coercion, undue influence, threat from any corner in any manner in future. IX. That, the facts stated above are true to the best of our knowledge and belief. X. That, parties have not suppressed or misrepresented any facts in the present application and the same stands sworn by both the appellant and Respondent voluntarily for the greater interest of both the parties.” 5. In view of the above, we allow the Joint Compromise Petition filed under Order 23, Rule 3, CPC, by exercising the power of the Appellate Court. The judgment and decree passed by the learned Judge, Family Court, Bhubaneswar in Civil Proceeding No.171 of 2010 dated 27.07.2016 are hereby modified to the extent that the permanent alimony which was fixed to Rs.20,00,000/- (Rupees Twenty Lakh) is modified and fixed at Rs.12,00,000/- (Rupees Twelve Lakh). The Demand Draft vide No. 535433, dated 05.08.2025 amounting to Rs.12,00,000/- (Rupees Twelve Lakh) drawn on State Bank of India, OUAT Campus Branch, Bhubaneswar in favour of the Respondent Namita Khuntia is handed over to the Respondent-wife towards receipt, execution, complete satisfaction and discharge of the decree granted by this Court. The Demand Draft is received by the Respondent-wife namely Namita Khuntia in person, which is counter-signed by the Court-Master to be deposited in the given account of the Respondent-wife, i.e. Namita Page 3 of 4 Khundia, Odisha Gramya Bank, Account No. 011801000001693. The modified decree be drawn accordingly by the Registry of this Court. 6. In view of the agreement arrived at between the parties, Civil Execution Case No.4 of 2017, Criminal Execution Case No.126 of 2024 and C.R.P. No.227 of 2018 pending before the court of the learned Judge, Family Court, Bhubaneswar shall be dropped with immediate effect, upon production of the certified copy of this order. 7. Registry shall forward certified copy of this order to the learned Judge, Family Court, Bhubaneswar. That Court shall not further direct for any application or affidavit to be filed on behalf of the respective parties, and shall act upon production of the certified copy of this order and/or that would be communicated through the Registry. 8. We express our deep appreciation on both the learned counsel for the parties, i.e. Mr. P.P. Parida, learned counsel for the Appellant and Mr. A.U. Senapati, learned counsel for the Respondent, in working out an acceptable and very amicable settlement between the parties. We also hope and trust that the parties will have their peaceful happy life with bright future ahead of them. 9. The MATA is disposed of accordingly. Judge (Manash Ranjan Pathak) Judge (Mruganka Sekhar Sahoo) Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 18-Aug-2025 20:12:14 S.K. Parida Page 4 of 4