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2025 DAILYLAW 40909 (ORI)

NEELAMADHAB SAHOO v. STATE OF ODISHA

CRLMC/2287/2025 · 2025-09-09

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2287 of 2025 1) Neelamadhab Sahoo ..... Petitioners 2) Dandapani Sahoo Represented By Adv. – Mr. Sayantan Panda -versus- 1) State of Odisha ..... Opposite Parties 2) Nirupama Mahapatra Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.09.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party No.1. Perused the application as well as the prayer made therein. 3. The present application has been filed by the Petitioners, who are husband and father-in-law respectively of the Opposite Party No.2, with a prayer to quash the entire criminal proceeding arising out of Subalaya P.S. Case No.236 of 2024, which corresponding to G.R. Case No.721 of 2024, pending before the learned S.D.J.M., Biramaharajpur, Subarnapur, for alleged commission of offences punishable under Sections 294/323/506/498(A)/34 of the I.P.C. read with Section 4 of the Page 2 of 2. D.P. Act. 4. Learned counsel for the Petitioner, at the outset, contended that the dispute involved in the F.I.R. arises out of a matrimonial discord between the Petitioner No.1-husband and Opposite Party No.2-wife. He further submitted that although attempt was made to settle the matter amicably and several meetings took place, however due to the non-cooperative attitude of the Opposite Party No.2, the same could not be resolved. He further contended that the Petitioners are ready and willing to settle the dispute amicably. 5. Learned counsel for the State, on the other hand, contended that merely because of the dispute arises out of a matrimonial discord and that attempt was made to settle the matter amicably, the criminal case cannot be quashed on such grounds. He further submitted that investigation in the present case is still on and the charge sheet has not been filed. On such gound, learned counsel for the State submitted that the present application is pre-mature and, accordingly, the same should be dismissed. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and keeping in view the fact that the dispute arises out of a matrimonial discord between the Petitioner and the Opposite Party No.2, this Court deems it Page 3 of 3. proper to dispose of the CRLMC application by directing the trial court to make an every endeavour to resolve the dispute between the parties amicably through the mechanism of mediation. In the event such mediation fails, it is open to the trial court to proceed in accordance with law. 7. With the aforesaid observation and direction, the CRLMC stands disposed of. ( A.K. Mohapatra ) Judge Debasis