Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 25669 (ORI)

PRATAP MITRA v. STATE OF ODISHA

CRLMC/1129/2026 · 2026-07-15

S K Panigrahi

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1129 of 2026 Pratap Mitra …. Petitioner(s) Mr. Surendra Kumar Mishra, Advocate -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. Prabhu Prasanna Behera, ASC Mr. Giridhari Singh, Advocate for O.P. No.2 CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 15.07.2026 1. This matter is taken up through hybrid arrangement. 2. By filing the present CRLMC, the Petitioner has prayed for quashing of the FIR, Charge Sheet No.274 dated 06.06.2024 and the entire criminal proceedings initiated against him in connection with Malkangiri P.S. Case No.269 dated 10.04.2024 pending before the learned Additional Sessions Judge, Malkangiri. 3. Learned counsel for the Petitioner submits that the matter has been amicably settled between the parties. An Affidavit has been filed by the Opposite Party No.2 to that effect. The contents of the Joint Affidavit is extracted hereinbelow: - “xxx xxx xxx xxx xxx xxx xxx xxx xxx 4.That, with the passage of time, the circumstances have undergone a complete Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jul-2026 17:08:29 Signature Not Verified p. 2 transformation. My daughter has since entered into a lawful marriage and is presently residing happily with her husband and in-laws in the State of Chhattisgarh. 5. That my daughter is leading a peaceful, dignified and settled matrimonial life. She is presently expecting the birth of a child form her lawful wedlock. The entire family is looing forward to this new phase of life with happiness and hope. 6.That, as a father, my foremost concern is the peace, dignity, privacy, emotional well-being and future of my married daughter. I sincerely believe that reopening or prolonging the criminal proceedings at this stage may unnecessarily revive painful memories and cause avoidable disturbance to her settled matrimonial life and family harmony. 7.That, I respectfully submits that my present stand is motivated solely by my concern for the welfare, dignity and future of my daughter and her family. It should not be construed as diminishing the seriousness with which allegations of offences against women and children are ordinarily viewed under law. 8.That, after careful though and keeping in view the present circumstances prevailing in our family, I do not desire to pursue the matter any further and I have no personal objection if this Hon’ble Court, in exercise of its inherent jurisdiction under Section-482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the Code of Criminal Procedure),considers the subsequent developments and passes such order as may be Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jul-2026 17:08:29 Signature Not Verified p. 3 deemed just, proper and appropriate in accordance with law. 9.That, I respectfully leave the matter entirely to the wisdom, conscience and judicial discretion of this Hon’ble Court and shall abide by any order that may be passed. 10.That, this affidavit is being sworn voluntarily, out of my own free will, without any force, coercion, inducement, threat or undue influence from any person whatsoever. 11.That, I respectfully pray that this Hon’ble Court may graciously take this affidavit on record while considering the petition.” 4. Considering the contents of the affidavit filed by the Opposite Party No.2/ Complainant 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, since the daughter of the Informant has already married, 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. 5. In view of the aforesaid discussion and considerations, the application is allowed. Consequently, the proceeding in 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-Jul-2026 17:08:29 Signature Not Verified p. 4 connection with Malkangiri P.S. Case No.269 dated 10.04.2024 corresponding to G.R No.22 of 2024, pending before the learned Additional Sessions Judge, Malkangiri is hereby quashed. 6. This CRLMC is, accordingly, disposed of. 7. Pending application (s), if any, shall stand disposed of. 8. A copy of the order be communicated to the learned trial Court for information. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali