IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 416 of 2008 1. Miss. Harapriya Samantaray 2. Sri Sarada Prasad Sakti Narayan Samantaray 3. Sri Bibhuti Rath (News Reported) … Petitioners Mr. Sunit Kumar, Advocate -versus- 1. State of Orissa and Others 2. Sri Sitanshu Mohan Dwibedy … Opp. Parties Mr. S.J. Mohanty, ASC Mr. Jayadeep Pal, Advocate (For O.P. No.2) CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 12.05.2026 07. (Through hybrid Mode) 1. This CRLMC has been filed with the prayer for quashing the order dated 31.01.2008 passed by the learned SDJM, Bhubaneswar in 1CC No. 6180 of 2007 so far it relates to the Petitioners. 2. By the order dated 31.01.2008, the learned SDJM, Bhubaneswar has taken cognizance of the offences punishable under Sections 499/ 500/ 200/ 203/ 505/ 506/ 120-B of IPC against the present Petitioners and three other persons. 3. By order dated 03.04.2008, notice has been issued to the Opposite Party No.2-complainant and in Misc. Case No. 347 of 2008, further proceedings in 1.C.C. Case No. 6180 of 2007 pending in the Court of the learned SDJM, Bhubaneswar had been directed to be stayed. 4. Mr. Sunit Kumar, learned counsel for the Petitioners and Mr. Jayadeep Pal, learned counsel appearing for Opposite Party No.2, submit that in the meanwhile, the matter has been settled between the complainant and the accused persons for which the complainant-Opposite Party No.2 does not want to proceed with the compliant case. 5. They also submit that in the meanwhile, 1.C.C. Case No. 6180 of 2007 has been transferred from the Court of the learned SDJM, Bhubaneswar to the Court of learned JMFC-IV (Cog. Taking), Bhubaneswar. In view of the compromise, an application under Section 257 of Cr.P.C./ 280 of the BNSS had been filed in that Court. But the matter has not been taken up in view of the interim order passed by this Court. 6. Learned counsel for the Petitioners files memo for withdrawing this CRLMC. The contents of the memo are extracted below: “1. That, in the present CRLMC, Petitioner is the accused No. 5 and the O.P. No. 2 is the complainant in 1.C.C. No. 6180/2007 pending in the Ld. Court below. 2. That, during pendency of the present CRLMC, the case bearing 1.C.C. No. 6180/2007 was transferred from the Court of S.D.J.M., Bhubaneswar to the Court of J.M.F.C. IV (Cog. Taking), Bhubaneswar. 3. That, in view of the settlement arrived at between the Petitioner and the O.P. No. 2, the Petitioner does not want to press this CRLMC application and wants to withdraw the same. In view of the fact that in light of the compromise, a petition for withdrawal of the complaint petition U/s. 257 Cr.P.C./280, B.N.S.S. has already been filed in 1.C.C. No. 6180/2007 before the Court of the Ld. J.M.F.C. - IV (Cog. Taking), Bhubaneswar on dtd. 09.04.2026. 4. That, the withdrawal petition filed in 1.C.C. No. 6180/2007 was put up before the Ld. J.M.F.C. IV (Cog. Taking), Bhubaneswar on dtd. 09.04.2026 and the Ld. Court below, in view of the pendency of the present CRLMC and in view of the order of stay granted by this Hon'ble Court in Misc. Case No. 347 of 2008 by Order dtd. 03.04.2008, could not proceed with the withdrawal petition dtd. 09.04.2026 filed for withdrawal of the complaint petition. 5. That, in view of the aforesaid facts and circumstances, the Petitioner in this CRLMC wants to withdraw this CRLMC so that, the withdrawal petition filed by the O.P. No. 2 in 1.C.C No. 6180/2007 before the Ld. J.M.F.C. - IV (Cog. Taking), Bhubaneswar can be acted upon. 6. That, in view of aforesaid facts and circumstances, the Petitioner in this CRLMC does not want to press this petition in view of the compromise between the Petitioner and O.P. No. 2 and this Hon'ble Court may kindly be pleased to allow the Petitioner to withdraw her CRLMC application so that decision can be taken on the withdrawal petition filed by the O.P. No. 2 in the 1.C.C No. 6180 / 2007 before the Ld. J.M.F.C. IV (Cog. Taking), Bhubaneswar.” puspa The said memo is taken on record. It shall be scanned and incorporated in the digital record. 7. In view of the submission of the learned counsel for the parties and the memo for withdrawal, the CRLMC is disposed of as withdrawn. 8. Interim order passed earlier stands vacated. 9. Copy of this order be communicated to the learned JMFC-IV (Cog. Taking), Bhubaneswar, forthwith by the Registry. (Savitri Ratho) Judge