Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1640 of 2025 1) Partha Sarathi Bibhudatta Dash ..... Petitioners 2) Dharanidhar Dash 3) Chinmay Kar 4) Puspanjali Kar@panda
Represented By Adv. - Bijaya Kumar Ragada -versus- 1) State Of Odisha ..... Opposite Parties 2) Lopamudra Rath
Represented By Adv. – Ms. B.K.Sahu, A.G.A. Tapaswini Sinha, Adv.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 16.07.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the petitioners as well as learned counsel for the Opposite Party-Informant and learned counsel for the State-Opposite Party No.1.
3. The present application has been filed at the instance of the petitioners seeking to invoke the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire criminal proceeding in G.R. Case No.692 of 2019 pending in the file before the learned S.D.J.M., Khurda as well as the order taking cognizance dated 13.04.2020 passed in the very same day.
4.
Learned counsel for the petitioners at the outset contended that
Page 2 of 3. the petitioners and the informant-Opposite Party No.2 are related to each other as husband and wife. He further contended that due to a matrimonial discord the present F.I.R. has been lodged at the instance of the Informant No.2-Wife. He further submitted that in the meantime the parties have approached the learned Judge Family Court, Puri by filing C.P. No.371 of 2024. The above noted C.P. was filed under Section 13(b) of the Hindu Marriage Act. Learned counsel for the petitioner in course of hearing produced a certified copy of order dated 03.05.2025 passed in C.P. No.371 of 2024 and it appears that the parties have gracefully parted ways after their application for divorce filed under Section 13(b) of the Hindu Marriage Act have been allowed by the learned Judge Family Court. Accordingly, the marriage solemnised between the parties stands dissolved and a decree of mutual divorce has been passed in favour of the parties.
5. In such view of the matter, learned counsel for the petitioners contended that since both the petitioners and the Opposite Party No.2 have been separated by virtue of the mutual divorce decree the further continuance of the criminal proceeding is an abuse of law.
6.
Learned counsel for the informant on the other hand submitted that the informant-wife does not want to proceed further in view that the matter has been amicably resolved and the parties are separating by virtue of the mutual decree of divorce.
7.
Learned counsel for the State on the other hand objected to the prayer of the petitioners for quashing of the entire criminal proceeding. He further contended that the husband and wife have agreed to close the criminal proceeding at the stage of final
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8. Considering such submission made by learned counsels appearing for the respective parties, on a careful examination of the background facts, further keeping in view the fact that the parties are separated by virtue of the mutual decree of divorce dated 03.05.2025 passed in C.P. No.371 of 2024, this Court is of the view that further continuance of the criminal proceeding does not interest both the parties as well as the same shall also be wastage of valuable time of learned trial court. Moreover, this Court further observes that it is in the greatest interest of parties to live peacefully as they have separated by virtue of the mutual decree of divorce. Keeping in view the aforesaid facts, this Court is of the view to quash the criminal proceeding in exercise of power under Section 482. Accordingly, the criminal proceeding bearing G.R. Case No.692 of 2019 pending in the file before the learned S.D.J.M., Khurda is hereby quashed.
9. With the aforesaid observations, the CRLMC application stands disposed of.
( A.K. Mohapatra)
Judge Rubi