p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4972 of 2025 Chinmaya Mohanty & Anr. …. Petitioner(s) Mr. A.K. Behera, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. U.R. Jena, AGA Mr. A.K. Samal, Adv. (for O.P. No.2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 28.01.2026 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In the present CRLMC, the Petitioners have challenged the initiation of criminal proceeding against them in connection with Cuttack Mahila P.S. Case No.124 of 2022 corresponding to G.R. Case No.1357 of 2022, pending before the Court of learned S.D.J.M., Cuttack. 4. Pursuant to the order dated 15.01.2026, Petitioner No.1 has filed an affidavit, which reads as under: “1. That, arising out of matrimonial dissension between the parties, the Opp. Party No.2 informant, had lodged F.I.R. in connection with Cuttack Mahila P.S. Case No.124/2023 for the offences punishable u/s.498-A323/406/506/34 of IPC r/w Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Jan-2026 19:06:06 Signature Not Verified p. 2 Section 4 of D.P. Act, corresponding to G.R. Case No.1357/2022 pending in the Court of Ld SDJM, Cuttack. 2. That, during pendency of the proceeding, we, (the Petitioner and the Opp. Party No.2), both have mutually settled our dispute, after receiving the permanent alimony by the wife, our marriage has been dissolved by way of decree of divorce on mutual consent u/s. 13(B) of the Hindu Marriage Act, 1955 vide judgment dated 13.12.2024 by Learned Judge, Family Court, Cuttack in C.P. No.490/2024. 3. That, as agreed in the mutual divorce, the Opp. Party No.2-inormant has no objection if the criminal proceeding in connection with Cuttack Mahila PS Case No.124/2023 corresponding to G.R. Case No.1357/2022 pending in the Court of Ld SDJM, Cuttack is quashed by this Hon’ble Court as she don’t want to proceed further in the aforesaid case.” Similarly, Opposite Party No.2-informant has also filed the affidavit, which reads as under: “1. That, I am the informant in connection with Cuttack Mahila PS Case No.124/2023 for the offences punishable u/s.498-A/323/406/506/34 of IPC r/w Section 4 of D.P Act, corresponding to G.R. Case No. 1357/2022 pending in the Court of Ld. SDJM, Cuttack. 2. That, during pendency of the proceeding, we both have mutually settled our dispute, after receiving the permanent alimony, our marriage has been dissolved by way of decree of divorce on mutual consent u/s.13 (B) of the Hindu Marriage Act, 1955 vide Judgment dated 13.12.2024 by Learned Judge, Family Court, Cuttack in C.P No. 490/2024. 3. That, as agreed in the mutual divorce, I have no objection if the criminal proceeding in connection with Cuttack Mahila Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Jan-2026 19:06:06 Signature Not Verified p. 3 P.S. Case No.124/2023 corresponding to G.R. Case No.1357/2022 pending in the Court of Ld. SDJM, Cuttack is quashed by this Hon’ble Court as I don’t want to proceed further in the aforesaid case. “ 5. Considering the contents of the respective affidavits filed by the Petitioner 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 the aforesaid case as it will only lead to abuse the process of law. 6. In view of the aforesaid discussion and considerations, the application is allowed. Accordingly, the entire criminal proceeding initiated against the Petitioners in Cuttack Mahila P.S. Case No.124/2022 corresponding to G.R. Case No.1357/2022, pending before the learned S.D.J.M., Cuttack, stands quashed. 7. This CRLMC is, accordingly, disposed of. 8. Pending application (s), if any, shall also stand disposed of. 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Jan-2026 19:06:06 Signature Not Verified p. 4 9. Interim order, if any, passed earlier stands vacated. 10. Issue urgent certified copy of this order as per Rules. ( Dr. Sanjeeb K Panigrahi) Judge Sipun Designation: Senior Stenographer ORISSA, CUTTACK Signature Not Verified