The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4088 of 2025 Sujeet Priyadarshi Das ..... State Of Odisha and another -versus- ..... Petitioner Represented By Adv. - Amiya Ranjan Sethy Opposite Parties Represented By Adv. - M/s. Durga Prasad Bhanja, S. Devi Ms. B.K. Sahu, AGA CRLMC No.4155 of 2025 Kiran Rani Maharana ..... State Of Odisha and another -versus- ..... Petitioner Represented By Adv. - Durga Prasad Bhanja Opposite Parties Represented By Adv. - M/s. A.R. Sethy
Legal Reasoning
Ms. B.K. Sahu, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 09.12.2025 Order No. 04. 1. 2. These matters are taken up through Hybrid mode. Heard learned counsel for the Petitioners as well as learned counsel for the Informant in both the cases and learned counsel for the State. 3. Since both the above noted applications have been filed at the instance of the husband and wife respectively for quashing of the Page 1 of 4. respective proceedings initiated against one spouse by the other spouse both the matter are being taken up together for hearing. 4. CRLMC No.4088 of 2025 has been filed at the instance of the husband of the Informant and Petitioner in CRLMC No.4115 of 2025 for quashing of the entire criminal proceeding. Similarly, CRLMC No.4115 of 2025 has been filed at the instance of the wife against the Informant-husband, who happens to be the Petitioner in CRLMC No.4088 of 2025. 5. CRLMC No.4088 of 2025 arises out of an FIR lodged at the instance of the Informant-wife before the B.N.Pur P.S. and registered as P.S. Case No.408 of 2022 for alleged commission of offence punishable under Sections 498-A, 323, 307, 313, 506, 34 of IPC read with Section 4 of D.P. Act. Similarly, CRLMC No.4155 of 2025 arises out of a complaint case bearing 1CC No.137 of 2024, which was lodged at the instance of the wife of the Petitioner in CRLMC No.4088 of 2025. In the complaint case the wife has alleged commission of an offence punishable under Sections 341, 294, 323, 324, 307, 506, 34 of IPC. 6. Heard learned counsel for the Petitioner-husband in CRLMC No.4088 of 2025, who also appears as Informant in CRLMC No.4115 of 2025. Similarly, heard the learned counsel for the Petitioner-wife in CRLMC No.4115 of 2025, who happens to be the Informant in CRLMC No.4088 of 2025. 7. Learned counsels appearing for the respective parties at the outset contended that the dispute arose out of a matrimonial discord between the husband and wife. They further submitted that in the meantime the matter has been amicably settled by the parties and that they are residing together as husband and wife and leading a Page 2 of 4. happy conjugal life. In support of such contention, learned counsels appearing for both sides referred to the joint affidavit filed by both sides on 09.10.2025, which was sworn before the Oath Commissioner of this Court. On perusal of the joint affidavit filed on 09.10.2025 in CRLMC No.4088 of 2025, it appears that both of them have stated that the dispute has been amicably resolved with the intervention of well-wishers and the family members and that the Informant has no objection in the event the entire criminal proceeding is quashed. A similar affidavit has also been filed in CRLMC No.4115 of 2025 at the instance of the parties jointly. Copies of the joint affidavits were served on learned counsel for the State and the learned counsel for the State was asked to obtain instruction from the IIC of the B.N.Pur P.S., Berhampur. 8. Learned counsel for the State on the basis of the instruction dated 22.11.2025 provided by the IIC B.N.Pur Police Station, Berhampur, stated before this Court that an FIR has been registered at the instance of the wife against the husband which was registered as P.S. Case No.408 dated 22.11.2022. In the meantime charge-sheet has been submitted on 31.01.2023 under Sections 498-A, 323, 307, 506, 294, 406 of IPC read with Section 4 of D.P. Act. The IIC of the B.N.Pur P.S. has further stated in his report that he examined the complainant-wife and during such examination she has stated before the IIC, B.N.Pur P.S. that for the last one year she has been residing with her husband and they are living peacefully and harmoniously. She has further stated that she has no subsisting grievance against her husband. In view of the aforesaid report of the IIC, B.N.Pur P.S., learned counsel for the State contended that she will have no objection in the event this Court passes any order to secure the ends of justice. Page 3 of 4. 9. Having regard to the submission made by the learned counsels for the respective parties, on a careful examination of the background facts involved in both the cases, keeping in view that fact that the Petitioner and the Informant are husband and wife, and vice versa in the other case, taking into consideration the joint affidavit filed by the parties as well as statement of the learned counsel for the Informant in both the cases, and on a careful reading of the report of the IIC, B.N.Pur P.S. dated 22.11.2025, this Court has every reason to believe that the dispute between the parties has been amicably resolved and they are living peacefully in the locality as husband and wife. In view of the aforesaid subsequent development, this Court is of the view that the present case is a fit case where this Court may exercise its inherent powers under Section 482 of Cr.P.C. to bring an end to the criminal proceedings pending against both the parties. Accordingly, in exercise its inherent power under Section 482 of Cr.P.C., this Court quashes the proceedings in S.T. Case No.429 of 2024 arising out of B.N.Pur P.S. Case No.408 of 2022 as well as the proceeding in 1CC No.137 of 2024. 10. Accordingly, both the CRLMC applications stand allowed. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Dec-2025 19:05:35 Page 4 of 4.