Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.361 of 2026 Balabhadra Misra ..... Petitioner (s) Mr. Soubhagya Kumar Dash, Advocate -versus- State of Odisha & Anr. ….. Opposite Party (s) Ms. Gayatri Patra, ASC CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 03.02.2026 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the entire proceeding and the order dated 17.06.2019 passed by the learned Sub-Divisional Judicial Magistrate, Berhampur in G.R Case No.1591 of 2018 arising out of Mahila P.S. Case No.63 of 2018. 3. The Petitioner and the Opposite Party No.2 is present before this Court in person. 4. Learned counsel for the Petitioner submits that the matter has been amicably settled between the parties. In the meantime, they have filed a case under Section 13-B of the Hindu Marriage Act, wherein they have sought for mutual divorce. A Joint Affidavit has been filed to that effect which shall form a part of the record. The contents of the Joint Affidavit is extracted hereinbelow: - Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 18:07:19 Signature Not Verified Page 2 of 5. “1. That the petitioner has filed the present CRLMC seeking quashing of the entire criminal proceeding including the order dated 17.06.2019 passed by the learned Sub-Divisional Judicial Magistrate, Berhampur, in G.R. Case No. 1591 of 2018 corresponding to Mahila P.S.Case No. 63/2018 whereby cognizance has been taken for the offences under Sections 498-A/294/323/406/506/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, 1961. 2. That due to matrimonial discord, the Opposite Party No.2, being the informant, had lodged the above-noted FIR before the Mahila Police Station, Berhampur, which resulted in the present criminal proceeding. 3. That the petitioner No.1 and the Opposite Party No.2 are legally married husband and wife, and no child was born out of the wedlock. 4. That the disputes between the parties were purely matrimonial and personal in nature, arising out of misunderstandings between the husband and wife. 5. That pursuant to the settlement, the petitioner and Opposite Party No.2 have mutually decided to dissolve their marriage and have already filed appropriate proceedings for divorce by mutual consent before the learned Judge Family Court, Berhampur which was registered as C.P.No. 12 of 2026. 6. That the Opposite Party No.2 states that she has no objection if the entire criminal proceeding arising out of Mahila P.S. Case No.63 of 2018 corresponding to G.R. Case No.1591 of 2018 is quashed by this Hon'ble Court, as continuation of the same would serve no useful purpose and only result in unnecessary harassment to both parties. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 18:07:19 Signature Not Verified Page 3 of 5. 7. That both the deponents are filing this affidavit voluntarily, without any coercion, undue influence, or pressure from any quarter, and out of their own free will, for the ends of justice and convenience of the parties. 8. That the facts stated above are true to the best of our knowledge and belief, based on records, and nothing material has been suppressed. 9. That the contents of this affidavit have been read over and explained to us in a language known to us, and having understood the same, we have signed this affidavit voluntarily. 10. That the facts stated above are all true to the best of our knowledge and belief and are based on record and we further declare that we have not suppressed any material fact and the affidavit is made in our free mind and our own volition. 11. That the contents of this petition have been read over and explained to the deponents having understood the same they put their respective signature.” 5. Having considered the contents of the joint affidavit filed by the Petitioner and the Opposite Party No.2/Complainant, it is evident that the dispute between the parties arose out of a matrimonial discord, which has since been amicably resolved and culminated in a mutual settlement. The parties have consciously decided to put an end to all pending litigations and to move forward in their respective lives. In such circumstances, continuation of the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 18:07:19 Signature Not Verified Page 4 of 5. criminal proceedings would neither advance the cause of justice nor serve any fruitful purpose. The Hon’ble Supreme Court in Gian Singh v. State of Punjab & Anr1 has authoritatively held that criminal proceedings emanating from matrimonial and family disputes, which are essentially private in nature and do not have a serious impact on society at large, may be quashed in exercise of inherent powers when the parties have settled their differences. The said principle has been consistently followed by this Court in Lokanath @ Anadi Sethi and four others v. State of Orissa and four others 2and Sansuri alias Khageswar Lenka and another v. State of Orissa & Anr3. Applying the aforesaid ratio to the facts of the present case, this Court is of the considered view that allowing the proceedings to continue would amount to an abuse of the process of law. 6. In view of the joint affidavit filed by the parties and the undisputed fact that the matrimonial dispute has been conclusively resolved and the marriage dissolved by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, this Court is satisfied that the continuation of the criminal proceedings would serve no purpose and would amount to an abuse of the process of law. Thus, guided by the principles laid down by the Hon’ble Supreme Court in Gian Singh(supra) which have been consistently followed by this Court, this Court deems it a fit case for exercise of inherent 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Page 5 of 5. jurisdiction under Section 482 CrPC to secure the ends of justice. Accordingly, the application is allowed and the order dated order dated 17.06.2019 passed by the learned Sub-Divisional Judicial Magistrate, Berhampur in G.R Case No.1591 of 2018 arising out of Mahila P.S. Case No.63 of 2018, is hereby quashed. 7. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali