Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.655 of 2026
Mausumi Nath & Ors. …. Petitioner(s) Mr. Ajit Kumar Mohanty, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s)
Smt. Sarita Moharana, ASC Miss Tapaswini Sinha, Adv.
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
ORDER 05.03.2026
01.
1. This matter is taken up through hybrid arrangement.
2. In filing this CRLMC, the Petitioners being the members of the in-laws’ house of the informant/Opposite Party No.2, have prayed for quashing the entire criminal proceeding initiated against them based on the allegation of some matrimonial dispute vide Niali P.S. Case No.184/2022 corresponding to G.R. No.167/2022 pending before the Court of learned J.M.F.C (GN), Niali, Cuttack
3. Heard.
4. At the outset, learned counsel for the Petitioners submits that the criminal proceeding arising out of the selfsame matrimonial dispute instituted against the husband of the Opposite Party No.2/informant, has already been quashed based on the decree of divorce vide order dated 18.12.2025 passed in CRLMC No.2028 of 2025. He further contends Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2026 17:52:30 Signature Not Verified p. 2 that since the criminal proceeding arising out of the selfsame matrimonial dispute instituted against the main accused has already been quashed, continuation of the above noted criminal proceeding arising out of the said matrimonial dispute against the other family members of the main accused would serve no fruitful purpose. He, accordingly, prays for allowing the prayer made in this CRLMC.
5. At this juncture, learned counsel for the Petitioners and
learned counsel for the Opposite Party No.2/informant in one tone submit that both the parties are also ready for amicable settlement of the dispute involved herein. They, accordingly, pray for allowing the prayer made in this CRLMC. 6. It is well settled that although the offences under Sections 498-A, 323, 307, 506 & 34 of the I.P.C and Section 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 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 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2026 17:52:30 Signature Not Verified p. 3 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. 7. Considering the submissions made on behalf of both the parties 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, 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. 8. In view of the aforesaid discussion and since the criminal proceeding arising out of the selfsame matrimonial dispute instituted against the main accused/husband of the Opposite Party No.2/informant has already been quashed based on the decree of divorce, this Court allows the prayer made in this CRLMC.
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: 05-Mar-2026 17:52:30 p. 4 Accordingly, the entire criminal proceeding initiated against the Petitioners vide Niali P.S. Case No.184/2022 corresponding to G.R. No.167/2022 pending before the Court of learned J.M.F.C (GN), Niali, Cuttack stands quashed. 9. This CRLMC is, accordingly, disposed of. 10. Interim order, if any, passed earlier stands vacated. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant