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2025 DAILYLAW 10596 (ORI)

SANTOSH KUMAR NAYAK v. STATE OF ODISHA

CRLMC/250/2025 · 2025-01-21

Sibo Sankar Mishra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.250 of 2025 Santosh Kumar Nayak …. Petitioner Mr.Sanjaya Narayan Sahoo, Advocate -versus- State of Odisha & another …. Opp. Parties Mr.Satyabrata Panda, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.01.2025 01. 1. The petitioner is aggrieved by the order dated 23.11.2024 passed by the learned Judge, Family Court No.II, Bhubaneswar in Criminal Execution No.39/2024 arising out of Criminal Proceeding No.220/2018, whereby the order of N.B.W. has been issued against him. 2. The opposite party No.2 has initiated Execution Proceeding for executing the order of maintenance passed in her favour. Due to the default in making good the maintenance amount, the impugned order has been passed issuing the order of N.B.W. against the petitioner. 3. Learned counsel for the petitioner submits that, petitioner is ready and willing to settle the dispute with the opposite party No.2. Out of the due amount of Rs.9 lakhs, he has prepared a draft of Rs.1,80,000/- and offering the same to deposit before the Court. 4. Taking into consideration the aforementioned, the order of N.B.W. dated 23.11.2024 passed by the learned Judge, Family Court No.2, Bhubaneswar in Criminal Execution No.39/2024 arising out of Criminal Proceeding No.220/2018 is set aside, subject to the petitioner appearing before the court below on or before 10.02.2025 and also subject to the petitioner depositing draft of Rs.1,80,000/- (Rupees one lakh eighty thousand) before the trial Court. 5. The petitioner is at liberty to enter into a settlement dialogue with the opposite party No.2 by appearing before the trial Court on or before 10.02.2025. 6. With the aforementioned observation, the CRLMC is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.