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2026 DAILYLAW 18093 (ORI)

PRASSANA NANDA@PRASANNA KUMAR NANDA v. STATE OF ODISHA

CRLMC/594/2026 · 2026-05-20

S K Panigrahi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1273 of 2026 Along with CRLMC Nos.581, 594, 791 and 827 of 2026 Santosh Kumar Nanda (In CRLMC No.1273 of 2026) Prasanna Nanda @ Prasanna Kumar Nanda (In CRLMC No.581 of 2026) Prassana Nanda @ Prasanna Kumar Nanda & Ors. (In CRLMC No.594 of 2026) Santosh Nanda @ Santosh Kumar Nanda (In CRLMC Nos.791 & 827 of 2026) …. Petitioner (s) Mr. Anantanarayan Pattanaik, Adv. -versus- Asha Kumari & Anr. (In CRLMC No.1273 of 2026) Asha Kumari (In CRLMC Nos.581 & 827 of 2026) State of Odisha & Another (In CRLMC Nos.594 of 791 of 2026) …. Opp. Party (s) Ms. Gayatri Patra, ASC Mr. Amit Prasad Bose, Adv. (for private O.P. No.1) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 20.05.2026 1. These matters are taken up in Chamber at 4.30 P.M. for amicable settlement of the dispute between the parties. Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 2 2. Pursuant to the order dated 11.05.2026 passed in CRLMC No.1273 of 2026, the Petitioner (Santosh Kumar Nanda)/ husband and the Opposite Party No.1 (Asha Kumari)/ wife are present. 3. Since all the above-mentioned CRLMCs arise out of the proceedings initiated by the same complainant named Asha Kumari against the Petitioner(s) in all the CRLMCs, the same are heard together and are disposed of by this common order. 4. (i) The Petitioner, in CRLMC No.1273 of 2026, has made a prayer to quash the entire proceeding in connection with CRP No.281 of 2026 filed under Section 144 of the BNS, 2023 read with Section 125 of the Cr.P.C., 1973 pending in the court of the learned Judge, Family Court-II, Bhubaneswar. (ii) The Petitioners, in CRLMC No.581 of 2026 and CRLMC No.827 of 2026, have made a prayer to quash the proceeding initiated against them by the Opposite Party (Asha Kumari) under the protection of Women from Domestic Violence Act, 2005 vide CMC No.1811 of 2025 pending in the court of the learned J.M.F.C.(O), Bhubaneswar. (iii) The Petitioners, in CRLMC No.594 of 2026 and CRLMC No.791 of 2026, have made a prayer to quash the F.I.R. and the entire Criminal Proceeding initiated by the Opposite Party No.2 (Asha Kumari) in connection with Pahala P.S. Case No.354 of 2025 corresponding to G.R. Case No.2034 of 2025 pending in the court of the learned J.M.F.C. (O), Bhubaneswar. 5. Heard the learned counsel for the Parties. Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 3 6. This Court also interacted with the Petitioner (Santosh Kumar Nanda)/ husband (hereinafter referred to as “the Petitioner/ husband” for brevity) and the Opposite Party No.1 (Asha Kumari)/ wife (hereinafter referred to as “the Opposite Party/ wife” for brevity) in person. 7. Learned counsel for the Petitioners submits that the dispute between the parties arises out of a matrimonial discord between the Petitioner/ husband and Opposite Party/ wife. During the pendency of the above-mentioned cases, the parties have amicably settled their disputes with the intervention of this Court. Accordingly, the Petitioner/ husband and Opposite Party/ wife have resumed their conjugal life and are presently residing together peacefully. The parties have voluntarily resolved all matrimonial disputes, including the criminal cases pending against each other. 8. Learned counsel for the Petitioners further contends that, in the meantime, good sense has prevailed and both the Petitioner/ husband and the Opposite Party/ wife, along with their respective family members, have reconciled their differences and are now living in peace. As such, the Opposite Party/ wife does not want to proceed with the above-mentioned cases any further. 9. Learned counsel for Opposite Party/ wife, on the other hand, confirms the factum of settlement and submits that the Opposite Party/ wife does not intend to proceed further with the above- mentioned cases. Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 4 10. On perusal of the case record, it appears that the Petitioner/ husband and the Opposite Party/wife have filed joint affidavits dated 20.05.2026 in CRLMC Nos.827, 791 and 1273 of 2026 respectively. The relevant portion of the said affidavits reads as under: “5. That, after intervention of this Hon'ble Court, the petitioner and Opposite Party are trying to resolve their dispute and in this regard the petitioner went to Andilo, Bhubaneswar from his place of service Chandikhole, where the Opp. Party and the minor child were residing and the petitioner stayed therein with them from 04.04.2026 to 06.04.2026. Thereafter, the petitioner's place of service is transferred from Chandikhole to Jajpur Road and even after his transfer, the petitioner also went to Andilo, Bhubaneswar and resided with his wife and minor child therein from 13.04.2026 to 15.04.2026, subsequently also stayed therein from 18.04.2026 to 20.04.2026 and 24.04.2026 to 26.04.2026. It is also submitted that the present Opposite Party (wife) also came to the service place of the petitioner at Jajpur Road and is residing with the petitioner since 26.04.2026 and continued till yet without any dispute between the parties. 6. That, it is humbly stated that after intervention of this Hon'ble Court, the present petitioner (Husband) and Opp. Party (wife) including the minor child are residing together comfortably and without any further dispute and maintaining their marital life in smooth and peaceful manner. 7. That, though the present parties are residing together as husband and wife in a peaceful manner with utmost happiness and without any further dispute, therefore the issues have already been amicably settled between both Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 5 the parties for which both the parties does not want to proceed further in the proceedings pending before the concerned court below and if the present proceedings pending before the Court of learned Judge, Family Court-II, Bhubaneswar and learned J.M.F.C. (O), Bhubaneswar are quashed against the present petitioner, then the present Opp. Party has no objection to the same.” 11. Learned counsel for the State has no objection if the aforesaid proceedings are quashed in view of the settlement between the Petitioner/ husband and the Opposite Party/ wife. 12. Having considered the submissions advanced by the learned counsel for the parties, the contents of the joint affidavits brought on record and the nature of the dispute, this Court is satisfied that the parties have voluntarily resolved their disputes amicably. 13. It is well settled that in cases arising out of matrimonial disputes, where the parties have settled their differences amicably, the High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, may quash the criminal proceedings to secure the ends of justice. 14. The Supreme Court in the case of Gian Singh v. State of Punjab1, held that criminal proceedings involving offences of a personal nature can be quashed where the parties have settled the matter amicably. 1 (2012) 10 SCC 303 Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 6 15. Further in the case of Narinder Singh & Ors. v. State of Punjab & Anr.2, the Supreme Court laid down guidelines for quashing proceedings on the basis of compromise and observed that such power should be exercised where the dispute is essentially private and continuation of proceedings would be futile. 16. Similarly, in State of Madhya Pradesh v. Laxmi Narayan & Ors.3, the Supreme Court reiterated that in cases having overwhelmingly civil or personal flavour, the High Court may quash proceedings if the parties have settled the dispute, provided the offences are not heinous or serious in nature affecting society at large. 17. In the present case, considering the nature of the dispute and the fact that the parties have amicably settled their differences and are living peacefully, continuation of the criminal proceeding would be an exercise in futility and would not serve any useful purpose. 18. Accordingly, in exercise of the inherent powers under Section 528 of BNSS (erstwhile Section of the 482 Cr.P.C.), this Court deems it fit and proper to quash the criminal proceeding initiated against the Petitioner (s) in connection with CRP No.281 of 2026 pending in the court of the learned Judge, Family Court-II, Bhubaneswar; CMC No.1811 of 2025 pending in the court of the learned J.M.F.C.(O), Bhubaneswar and Pahala P.S. Case No.354 of 2025 corresponding to G.R. Case No.2034 of 2025 pending in the court of the learned J.M.F.C. (O), Bhubaneswar. 2 (2014) 6 SCC 466 3 (2019) 5 SCC 688 Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 21-May-2026 17:24:15 Signature Not Verified p. 7 19. Accordingly, all the above-mentioned CRLMCs stand allowed and disposed of. 20. Pending application (s), if any, shall stand disposed of. 21. Personal appearance of the Petitioner (Santosh Kumar Nanda) and the Opposite Party No.1 (Asha Kumari) is dispensed with. 22. A copy of this order be communicated to the respective learned trial Courts for information. ( Dr. Sanjeeb K Panigrahi) Judge B.Jhankar