Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2831 of 2025 1) Chitta Ranjan Swain ..... Petitioners 2) Diptiranjan Swain 3) Soudamini Swain Represented By Adv. - Tanmaya Kumar Mohanty -versus- 1) State Of Odisha ..... Opp. Parties 2) Tikina Bhola Represented By Adv. – Sasmita Nayak, A.S.C. Srinibas Parija, Adv. for O.P. No.2 CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.08.2025 Order No. 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 State and learned counsel for the Opposite Party No.2. Perused the application as well as the documents annexed thereto. 3. By filing the present application under Section 528 of the B.N.S.S., the Petitioners seek to invoke the inherent power of this Court to quash the entire criminal proceeding in connection with G.R. Case No.17 of 2023 arising out of Pipili P.S. Case No.09 of 2023 pending before the learned J.M.F.C., Pipili which was registered for commission of offences punishable under Sections Page 2 of 4. 498-A, 323, 506 and 34 of the I.P.C. read with Section 4 of the D.P. Act. 4. Learned counsel for the Petitioners at the outset contended that during the pendency of the present criminal proceeding, a civil proceeding was also initiated at the instance of the present Petitioner No.1 before the learned Family Judge, Puri under Section 13 (B) of the Hindu Marriage Act, 1955 for grant of decree of mutual divorce. Learned counsel for the Petitioners further contended that the dispute involved in the present application was also the subject matter of dispute in CRLMC No.3531 of 2021. In the said application, the parties were sent to the mediation. As per the report of the Mediator dated 02.05.2025, the matter has been amicably settled subject to the terms and conditions agreed upon by the parties and reflected in the mediation report dated 02.05.2025. 5. The mediation report which has been annexed to the present application as Annexure-3 reveals that both the parties appeared before the mediator and they have agreed to gracefully part ways subject to condition that the present Petitioner No.1 shall pay one- time permanent alimony of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand). Furthermore, as agreed between the parties initially a sum of Rs.1,00,000/- (Rupees One Lakh) has been paid to the Opposite Party No.2-informant on the filing Mutual Divorce petition before the learned Family Judge, Puri. Since the divorce petition was filed, the amount has already been paid by the Petitioner No.1 to the Opposite Party No.2 and the same is not being disputed by the learned counsel appearing for the Opposite party No.2. Similarly, the Petitioner No.1 was supposed to pay a Page 3 of 4. sum of Rs.75,000/- (Rupees Seventy Five Thousand) at the time of filing of the present application for quashing. The aforesaid amount of Rs.75,000/- (Rupees Seventy Five Thousand) has also been paid to the informant-Opposite Party No.2 which is not being disputed by the learned counsel for the Informant. Thus, a total sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand) has already been received by the Opposite Party No.2. The balance amount of Rs.75,000/- (Rupees Seventy Five Thousand) shall be paid, as per the mediation report and as agreed by the parties, on the date of submission their evidence affidavit in the divorce proceeding pending before the learned Family Judge, Puri. 6. At this juncture learned counsel for the Opposite Party No.2 contended that although the Divorce Proceeding has been posted for taking evidence, however, the Petitioner has taken time to file such evidence affidavit. On such ground, learned counsel for the Opposite Party No.2-informant contended although the matter has been settled amicably in the mediation proceeding, however, the balance amount is yet to be paid. On such ground, learned counsel for the Opposite Party No.2 submitted that the matter be adjourned for the time being and only after payment of the aforesaid balance amount of Rs.75,000/- (Rupees Seventy Five Thousand), the entire proceeding be quashed, then he will have no objection to the same. 7. Considering the submissions made by learned counsels appearing for the respective parties, on a careful examination of the background facts as well as the dispute involved in the present application, further taking note of the report of the mediator dated 02.05.2025 and the fact that the Petitioner No.1 has already paid a Page 4 of 4. sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand) out of a total amount of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand) which is not disputed by the learned counsel appearing for the Opposite Party No.2, this Court is of the view that further continuance of the proceeding would be an abuse of process of court. Moreover, it is also in the interest of the parties that the aforesaid litigation comes to an end. In such view of the matter, the present criminal proceeding in G.R. Case No.17 of 2023 arising out of Pipili P.S. Case No.09 of 2023 pending before the learned J.M.F.C., Pipili is hereby quashed. However, while quashing such proceeding this Court directs that the Petitioner No.1 shall furnish his evidence affidavit on or before 04.09.2025 and pay the balance amount of Rs.75,000/- (Rupees Seventy Five Thousand) within the aforesaid time stipulation. In the event the Petitioner fails to comply with that part of the order, liberty is given to the Opposite Party No.2 to approach this Court by filing an interim application in the present CRLMC application. 8. With the aforesaid observations/ directions, the CRLMC application stands disposed of. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer