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2025 DAILYLAW 4093 (ORI)

GYANARANJAN@JNANARANJAN NAYAK v. STATE OF ODISHA

CRLMC/5663/2025 · 2026-02-13

S K Panigrahi

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5663 of 2025 Gyanaranjan @ Jnanaranjan Nayak & Ors. …. Petitioner(s) Mr. Soumya Ranjan Mohanty, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Smt. Sarita Moharana, ASC Mr. Sarvavid S. Pradhan, Adv. CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 13.02.2026 02. 1. This matter is taken up through hybrid arrangement. 2. In the present CRLMC, the Petitioners have prayed for quashing of the entire criminal proceeding initiated against them due to a matrimonial dispute in connection with Pattamundai P.S. Case No.459/2021 corresponding to G.R. No.459/2021 pending before the Court of learned J.M.F.C, Pattamundai. 3. Heard. 4. It is well settled that although the offences under Sections 498-A, 323, 294, 427, 506 & 34 of the I.P.C and 4 of the Dowry Prohibition Act are non-compoundable, the High Court, in exercise of its inherent jurisdiction under Section 482 of the Cr.P.C., is not denuded of power to Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Feb-2026 18:32:29 Signature Not Verified p. 2 quash the criminal proceeding where the dispute is essentially private and matrimonial in nature and the parties have voluntarily arrived at a genuine and complete settlement. The underlying object of such exercise is to secure the ends of justice and to prevent abuse of the process of the Court. Where the continuation of the criminal proceeding, despite an amicable settlement, would serve no fruitful purpose and would only perpetuate bitterness between the parties, the High Court would be justified in interdicting the prosecution, particularly when the informant herself has unequivocally expressed her consent for such quashing. 4. Considering the contents of the joint affidavit filed by the Petitioners and the Opposite Party No.2/ informant and following the ratio laid down by 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 this Court is of the opinion that no useful purpose will be served in allowing such proceedings to continue the criminal proceeding in 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Feb-2026 18:32:29 Signature Not Verified p. 3 the aforesaid case as it will only lead to abuse the process of law. 5. In view of the aforesaid discussion and considerations, the application is allowed. Accordingly, the entire criminal proceeding initiated against the Petitioners vide Pattamundai P.S. Case No.459/2021 corresponding to G.R. Case No.459/2021 pending before the Court of learned J.M.F.C, Pattamundai stands quashed. 6. This CRLMC is, accordingly, disposed of. 7. Interim order, if any, passed earlier stands vacated. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant