IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4685 of 2024 Mohan Kumar Swain …. Petitioner(s) Mr. Amitav Tripathy, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Ms. Gayatri Patra, ASC Mr. A.P. Mishra, Adv. (for O.P. No.2) CRLMC No.2455 of 2025 Aparajita Priyadarshini Swain @ Aparajita Priyadarsani Swain …. Petitioner(s) Mr. A.P. Mishra, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Ms. Gayatri Patra, ASC Mr. Amitav Tripathy, Adv. (for O.P. No.2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 05. ORDER 12.02.2026 1. Both these matters are taken up through hybrid arrangement. 2. Heard. 3. Since the issues involved in both the CRLMCs referred to above arise out of common questions of fact and law, those are heard analogously and are being disposed of by this common order. Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Feb-2026 10:43:00 Signature Not Verified 4. In the CRLMC No.4685 of 2024, the Petitioner, being the husband of Opposite Party No.2, has filed the present CRLMC under Section 482 of Cr.P.C. seeking quashing of the entire criminal proceeding in Dhusuri P.S. Case No.13 of 2014 corresponding to G.R. Case No.92 of 2014 which was renumbered as G.R. Case No.127 of 2014 arising out of 1CC Case No.41 of 2014 pending before the learned J.M.F.C., Dhmnagar. 5. Similarly, in CRLMC 2455 of 2025, the Petitioner, being the wife of Opposite Party No.2, has filed the present CRLMC under Section 482 of Cr.P.C. seeking quashing of the F.I.R. in Markatnagar P.S. Case No.20 of 2014 vis-à-vis the criminal proceeding vide G.R. Case No.323 of 2014 pending before the learned S.D.J.M.(S), Cuttack. 6. Mr. A. Tripathy, learned counsel appearing for the Petitioner in CRLMC 4685 of 2024, submit that the Petitioner and Opposite Party No.2 are the husband and wife respectively and their marriage was solemnized on 06.05.2006 as per Hindu rites and custom. Due to marital discord, case and counter case was filed between them. Subsequently, both the parties have filed a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act and accordingly, their marriage was dissolved by a decree of divorce by mutual consent vide order dated 08.08.2024 passed by the learned Judge, Family Court, Bhadrak. 7. Similarly, Mr. A.P. Mishra, learned counsel for the Petitioner in CRLMC No.2455 of 2025 has also advanced the similar argument like Mr. A. Tripathy, learned counsel for the Petitioner in CRLMC No.4685 of 2024. 8. It appears from the record that the Petitioner/husband and the Opposite Party No.2/wife in CRLMC No.4685 of 2024 have filed a joint affidavit dated 09.02.2026, which reads as under: “.. 2. That, the present petitioner was the husband and the Opposite Party No.2 was the wife. 3. That in the meantime, their marriage between the parties was dissolved as per the order dated 08.08.2024 on mutual consent passed in MATA No.193 of 2022. 4. That after passing of the mutual divorce between the parties, both are not interested to proceed with the criminal case filed by them against each other. 5. That, the present affidavit is filed without any threat, coercion, pressure, undue influence with sound mind and with free state of mind. 6. That, Opp. No.2 has no objection if the case in relating to Dhusuri P.S. Case No.13 of 2014 corresponding to G.R. Case No.92 of 2014 and renumber as G.R. Case No.127 of 2014 arising out of 1 CC Case No.41 of 2014 pending in the file of learned J.M.F.C., Dhamnagar is quashed as against the present petitioner. 7. That the facts stated herein above are true to the best of our knowledge and believe. 8. That we are filing this affidavit out of our own will and without any pressure from anybody and further the contents of the affidavit were read over and explained to us in Odia and after understanding the same we put our signature.” 9. The Supreme Court in Gian Singh v. State of Punjab and another1, and two other reported cases of this Court in Lokanath @ Anadi Sethi and four others v. State of Orissa and four others2, and Sansuri alias Khageswar Lenka and another –vrs.- State of Orissa and Another3, wherein the Court is of the opinion that no useful purpose will be served in allowing such proceedings to continue the criminal proceeding in the aforesaid case as it will only lead to abuse the process of law. 10. 10. After hearing learned counsel for the respective parties and on perusing the joint affidavit filed by the Petitioner/husband and Opposite Party No.2/wife in CRLMC No.4685 of 2024 and taking into account the ratio laid down in the above mentioned cases, this Court is of the view that no useful purpose would be served in allowing the criminal proceedings to continue. Continuation of the same would amount to abuse of the process of Court. 11. Accordingly, the entire criminal proceeding initiated against the Petitioner in CRLMC No.4685 of 2024 in Dhusuri P.S. Case No.13 of 2014 corresponding to G.R. Case No.92 of 2014 which was renumbered as G.R. Case No.127 of 2014 arising out of 1CC Case No.41 of 2014 pending before the learned J.M.F.C., Dhmnagar is quashed. 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 12. Similarly, the entire criminal proceeding against the Petitioner in CRLMC No.2455 of 2025 in Markatnagar P.S. Case No.20 of 2014 vis- à-vis the criminal proceeding vide G.R. Case No.323 of 2014 pending before the learned S.D.J.M.(S), Cuttack is quashed. 13. Both the CRLMCs are, accordingly, disposed of. 14. Pending application (s), if any, shall also stand disposed of. 15. Interim order, if any, passed earlier in any of the aforesaid CRLMCs stands vacated. 16. Issue urgent certified copy of this order as per Rules. ( Dr. Sanjeeb K Panigrahi) Judge Sipun