The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3597 of 2024 Santosh Chandra Panda @ Santosh Kumar Panda and others ..... Petitioners State Of Odisha and another -versus- ..... Represented By Adv. - Tanmaya Kumar Mohanty Opposite Parties Mr. D. Mohapatra, Adv. for OP-2 Smt. Sasmita Nayak, ASC CRLMC No.3598 of 2024 Samikhyarani Jena and others ..... State Of Odisha and another -versus- ..... Petitioners
Legal Reasoning
Mr. D. Mohapatra, Adv. Opposite Parties Mr. T.K. Mohanty, Adv. for OP-2 Smt. Sasmita Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 10.09.2025 Order No. 04. 1. 2. These matters are taken up through Hybrid mode. CRLMC No.3597 of 2024 has been filed at the instance of the Petitioner-husband under Section 482 of Cr.P.C. with a prayer to Page 1 of 5. quash the entire criminal proceeding in C.T. Case No.7257 of 2022 arising out of Khandagiri P.S. Case No.573 of 2022, pending in the Court of learned J.M.F.C., (Cog-V), Bhubaneswar on the ground that the dispute between the parties has been amicably resolved. On perusal of the application, it appears that the Informant-wife has been added as Opposite Party No.2. The Informant-wife is represented by her counsel. 3. Similarly, CRLMC No.3598 of 2024 has been filed at the instance of the Petitioner-wife under Section 482 of Cr.P.C. with a prayer to quash the entire criminal proceeding in C.T. Case No.5916 of 2022 arising out of Khandagiri P.S. Case No.493 of 2022, pending in the Court of learned J.M.F.C., (Cog-V), Bhubaneswar on the ground that the dispute has been resolved amicably. In the said application the husband, who is the Petitioner No.1 in CRLMC No.3597 of 2024 has been arrayed as Opposite Party No.2. 4. Heard learned counsel for the Petitioners in CRLMC No.3597 of 2024, who is also the counsel for Opposite Party No.2 in CRLMC No.3598 of 2024. Heard the learned counsel for the Petitioners in CRLMC No.3598 of 2024, who is also the counsel for Opposite Party No.2 in CRLMC No.3597 of 2024. 5. Learned counsels appearing for the both sides, at the outset, drawing attention of this Court to order dated 04.11.2024, contended that the application was earlier listed before a Coordinate Bench of this Court. The learned Coordinate Bench vide order dated 04.11.2024 taking note of the development that the parties are contemplating a compromise in the matter and an application in that regard has been moved before the learned Judge Family Court-II, Page 2 of 5. Bhubaneswar under Section 28 of Special Marriage Act, 1954 for dissolution of the marriage, adjourned the matter with a direction to the Petitioners & Informants in both the cases to remain present before this Court on the next date. Although the matter was listed on a couple of occasions thereafter, however learned counsels for both sides took time to take steps for an early conclusion of the proceeding under Section 28 of the Special Marriage Act pending before the learned Judge Family Court-II, Bhubaneswar. 6. Today, in the course of hearing, the learned counsels appearing for both sides produced a copy of judgment dated 03.05.2025 passed in Civil Proceeding No.911 of 2024 by the learned Judge Family Court-II, Bhubaneswar. On perusal of the judgment, it appears that the above noted C.P. was initiated on the basis of an application under Section 28 of Special Marriage Act, 1954 with a prayer to dissolve the marriage between the husband, namely Santosh Chandra Panda and the wife, namely Samikhyarani Jena, which was solemnized on 05.04.2022 before the Marriage Officer, Khandagiri, Bhubaneswar, Dist-Khurda as per the provisions of the Special Marriage Act. The learned Judge Family Court-II, Bhubaneswar, by a speaking judgment, has finally ordered for the dissolution of the marriage between the husband, Santosh Chandra Panda and the wife, Samikhyarani Jena by granting a decree of divorce on mutual consent in terms of Section 28 of the Special Marriage Act. The husband, Santosh Chandra Panda and wife, Samikhyarani Jena are present before this Court, they were identified by their respective counsels. They both made a statement before this Court that they are no more interested in the relationship. Accordingly, they have decided to part ways gracefully and Page 3 of 5. accordingly an application was filed before the learned Judge Family Court-II, Bhubaneswar for dissolution of marriage on mutual consent. They both submitted before this Court that they have no objection in the event both the criminal cases are quashed. 7. Learned counsel for the husband, who is the Petitioner No.1 in CRLMC No.3597 of 2024 and Opposite Party No.2 in CRLMC No.3598 of 2024, contended that since the parties have resolved the dispute amicably and that a decree of divorce has been granted on mutual consent, the further continuance of the criminal proceeding is an abuse of process of law and that the same would not serve the ends of justice. He further contended that continuance of the criminal case where there is no possibility of conviction would only amount to huge wastage of valuable judicial time. 8. Learned counsel appearing for the Opposite Party No.2 in CRLMC No.3597 of 2024 and the Petitioner No.1 in CRLMC No.3598 of 2024 also supported the argument advanced by the learned counsel for the husband. He further submitted that the wife does not have any objection in the event the criminal proceeding against the husband is quashed. 9. Learned counsel for the State on the other hand contended that since the issue has been resolved amicably on a compromise and the parties have separated by a grant of a mutual decree of divorce, he will have no objection in the event this Court passes necessary orders, keeping in view the subsequent development in this case. 10. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the judgment dated 03.05.2025 passed in C.P. Page 4 of 5. No.911 of 2024 by the learned Judge Family Court-II, Bhubaneswar, whereby the marriage between Santosh Chandra Panda (husband) and Samikhyarani Jena (wife) has been dissolved on mutual consent, this Court is of the considered view that the further continuance of the criminal proceedings would be an abuse of the process of law. Moreover, both sides who have filed present cases against each other are no more interested to continue such criminal cases. It further appears that both sides have decided to live peacefully instead of pursuing the criminal proceeding pending before the learned trial Court. In the aforesaid factual background, this Court is of the considered view that the present case is a fit case for this Court to exercise its inherent power to curtail the criminal proceeding. Accordingly, this Court has no hesitation to quash both the FIRs as well as the corresponding C.T. Case Nos.7257 & 5916 of 2022 arising out of Khandagiri P.S. Case Nos.573 & 493 of 2022. On production of a copy of today’s order before the learned Court in seisin over the matter, both the proceeding shall be closed. 11. With the aforesaid observation/direction, both the CRLMC applications stand allowed. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Sep-2025 13:37:45