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2023 DAILYLAW 913 (ORI)

BHABESWAR CHANDA v. STATE OF ODISHA

CRLMC/4440/2023 · 2026-07-29

Sibo Sankar Mishra

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4440 of 2023 Bhabeswar Chanda & others …. Petitioner(s) Mr. Pramod Kumar Jena, Advocate -versus- State of Odisha and another …. Opposite Party (s) Mr. A.K. Apat, AGA Mr. Priyaranjan Mishra, Advocate CORAM: THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.07.2026 03. 1. Heard. 2. The petitioner no.1 is the husband of opposite party no.2 and remaining petitioners, i.e., petitioner nos.2 to 6 are in-laws. 3. At the instance of the opposite party No.2, the F.I.R. in Chandipur P.S. Case No. 14 of 2021 came to be registered against the petitioners corresponding to C.T. Case No. 151 of 2021, pending in the court of the learned JMFC, Balasore for the alleged commission of offences under Sections 498-A/323/313/34 of IPC read with Section 4 of the D.P. Act. After investigation, charge sheet was filed in the present case on 13.07.2022 for the offence under Sections 498-A/323/313/34/406/506 of p. 2 IPC read with Section 4 of the D.P. Act. 4. The petitioners have conjointly filed this petition for quashing of the entire proceeding. During pendency of the proceeding, this Court vide order dated 21.03.2024 referred the matter for mediation before the District Mediation Centre, Balasore. Pursuant thereto, the parties have cooperated with the mediation and the mediation appears to be successful. The Legal Aid Service Authority, Balasore has placed on record the mediation report dated 16.04.2026. Perusal of the mediation report indicates that the parties have mutually settled the dispute and resumed their marital life. 5. Pursuant to the settlement term between the parties, the opposite party no.2 has also filed an affidavit on 09.09.2025, inter alia, stating as under:- “D) That, it is pertinent to mention here that the petitioner No.1 is my husband and other petitioners are the in-laws family members. Due to some misunderstanding, I lodged the report against the petitioners. After lodging of the FIR and the intervention of the well-wishers as well as village gentries the matter has been amicably settled between us, no fruitful purpose will be come out and the valuable time of this Hon'ble Court as well as the investigating agency will be hampered. E) That, due to compromise between us, I do not want to proceed in this matter any further. F) That, in the mean time we have already restored our cordial relationship and if the proceeding will not be quashed at the present p. 3 stage our relationship will be at stake. G) That, without fear, favour and coercion, I swear this affidavit on my own sweet will.” 6. Learned counsel appearing for both the parties submit that since the parties have already settled the dispute and resumed their marital life, continuation of the present proceeding against the petitioners would serve no purpose and the opposite party has already agreed to dropped the proceeding against the petitioners. Hence, the FIR and consequential proceeding arising therefrom may be quashed. 7. I have perused the mediation report and other related documents including the affidavit filed by the opposite party no.2 and satisfied that the proceeding in the present case is liable to be quashed. Accordingly, the F.I.R. in Chandipur P.S. Case No. 14 of 2021 and the consequential proceeding arising therefrom stands quashed. 8. The CRLMC is disposed of. Ashok ( S.S. Mishra) Judge MOHAPATRA