The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2964 of 2025 Manish Bansal and others ..... State Of Odisha and another -versus- ..... Petitioners Represented By Adv. - Haripad Mohanty Opposite Parties Represented By Adv. - M/s Karnain Sattar, U. Samantaray, Md. Faradish Mr. C.M. Singh, ASC CORAM:
Decision
ORDER 28.10.2025 Order No. 02. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioners as well as learned counsel for the Informant and learned counsel for the State. Perused the application as well as the prayer made therein. 3. The present application has been filed at the instance of the accused-Petitioners under Section 528 of BNSS, thereby invoking the inherent power of this Court to quash the criminal proceeding in Bhadrak Town P.S. Case No.593 dated 26.09.2024, corresponding to G.R. Case No.3288 of 2024, pending before the learned S.D.J.M., Bhadrak. The above noted case was registered for alleged commission of offence punishable under Sections 3(5), 74, 118(1), 115(2), 351(2), 296 of BNS. 4. Learned counsel for the Petitioner at the outset contended that at the instance of the mother-in-law, Opposite Party No.2-Informant, Page 1 of 4. the FIR was registered making allegation against the daughter-in-law and her family members. He further submitted that the present case is a counter blast to the case registered at the instance of the Petitioner No.3-wife which was registered as Golabari P.S. Case No.185 of 2024 on 14.06.2024. He further contended that the said case was registered at the instance of the Opposite Party No.3, daughter-in-law making allegation of dowry torture against her in- laws family members including the Informant in the present FIR. He further submitted that due to the intervention of the well-wishers and relatives the matter has been amicably settled in the meantime. In course of his argument, he also referred to the application filed under Section 13-B of Hindu Marriage Act before the learned Judge, Family Court, Bhubaneswar, which was registered as C.P. No.478 of 2025. By filing the aforesaid C.P. before the learned Judge, Family Court, Bhubaneswar the parties have sought for a decree of divorce on mutual consent under Section 13-B of Hindu Marriage Act. It was also contended by the learned counsel for the Petitioners that one of the conditions for agreeing to the mutual divorce is that the Informant shall withdraw the criminal case. 5. Learned counsel for the Petitioners further submitted that the Informant in the present case has already compromised the matter and the aforesaid fact has been indicated in the affidavit filed before this Court, which was sworn before the Oath Commission of this Court on 07.08.2025. In view of the aforesaid development, learned counsel for the Petitioners contended that the further continuance of the present criminal proceeding would be an abuse of process of law and that such further continuance would be against the interested parties. On such ground, learned counsel for the Petitioners prayed for quashing of the entire criminal proceeding. Page 2 of 4. 6. Learned counsel for the Informant on the other hand supported the submission made by the learned counsel for the Petitioners. In course of his argument, he also referred to the petition under Section 13-B of Hindu Marriage Act at Annexure-2, which is pending before the learned Judge, Family Court, Bhubaneswar. He also referred to the affidavit of the Informant dated 07.08.2025 and stated before this Court that the dispute has been amicably settled with the intervention of the well-wishers and relatives and in terms of such compromise, the Informant does not want to proceed further in the present criminal case. He further submitted that the Informant has no objection in the event the entire criminal proceeding is quashed. 7. Learned counsel for the State on the other hand contended that pursuant to the order passed by this Court he had taken instruction from the IIC, Bhadrak Town P.S. The IIC, Bhadrak Town P.S. has provided instruction to the office of the Advocate General vide his letter dated 28.10.2025. A copy of such letter was produced before this Court and the same is taken on record. On perusal of the instruction, it appears that the Informant appeared before the IIC, Bhadrak Town P.S. and she has admitted the fact that the matter has amicably settled. She has also given undertaking before the IIC of the concerned Police Station which is enclosed with the letter dated 28.10.2025. In view of the aforesaid development, learned counsel for the State while supporting the case of the Petitioner submitted before this Court that he will have no objection in the event this Court quashes the entire criminal proceeding which would be in the larger interest of both sides. 8. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the subsequent development as well as the Page 3 of 4. affidavit dated 07.08.2025 filed by the Informant before this Court and the instruction of the IIC, Bhadrak Town P.S. vide letter dated 28.10.2025, this Court observes that the dispute involved in the present case arises out of a matrimonial discord between the husband and wife. Since the matter has already been settled amicably and steps have been taken for withdrawal of the cases as well as for grant of a decree of divorce on mutual consent in the shape of the C.P. No.478 of 2025, mentioned hereinabove, which is pending before the learned Judge, Family Court, Bhubaneswar, this Court is of the view that the further continuance of the present proceeding would be an abuse of process of law and that the same would not be in the larger interest of justice. In view of the subsequent development, and the discussion made hereinabove, this Court is of the view that the present case comes falls within the exception of rarest of rare case where this Court can exercise its inherent powers to bring an end to the criminal proceeding pending before the learned trial Court. As such, this Court has no hesitation in quashing the criminal proceeding arising out of Bhadrak Town P.S. Case No.593 dated 26.09.2024, corresponding to G.R. Case No.3288 of 2024, pending before the learned S.D.J.M., Bhadrak. Accordingly, the same is hereby quashed. 9. With the aforesaid observation/direction, the CRLMC application stands allowed. ( Aditya Kumar Mohapatra ) Judge S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Oct-2025 10:44:57 Page 4 of 4.