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2026 DAILYLAW 4673 (ORI)

HIMANSHU PRADHAN v. STATE OF ODISHA

CRLMC/763/2026 · 2026-03-13

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.763 of 2026 Himanshu Pradhan .... Petitioner(s) Mr. Hemanta Kumar Ratsingh, Advocate -Versus- State of Odisha & Anr. …. Opposite Party (s) Mr. Tej Kumar, ASC Mr. Bijaya Kumar Behera-1, Advocate for O.P No.2 CORAM: THE HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER 13.03.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the entire criminal proceeding in connection with Mahulpada PS Case No.32 of 2022 corresponding to G.R. Case No.1002 of 2022 pending in the court of the learned SDJM, Bonai. 3. The brief fact of the case is that the marriage between the Petitioner and the Opposite Party No.2 was solemnized on 07.05.2017 as per Hindu customs and rites. The Opposite Party No.2 deserted the matrimonial house without any reason in the month of April, 2022. Thereafter, the Petitioner had filed CP No.101 of 2022 under Section 13(l)(i) of the Hindu Marriage Act, 1956 against the Opposite Party No.2/wife in the court of the learned Family Judge, Sundargarh at Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 17:15:05 Signature Not Verified 2 Rourkela. After receiving notice, said case was transferred to the court of the learned Judge, Family Court, Cuttack at the instance of Opposite Party No.2-wife, which was renumbered as CP No.516 of 2022. On 25.05.2022, Opposite Party No.2-wife lodged FIR against the petitioner- husband and her in-laws alleging demand of dowry and torture which was registered as Mahulpada PS Case No.32 of 2022 corresponding to G.R. Case No. 1002 of 2022 pending in the court of the learned S.D.J.M., Bonai for commission of offences under Sections 294/323/506/498- A/494/34 IPC and Section 4 of D.P. Act. Thereafter, the Opposite Party No.2 also filed C.P. No.88 of 2022 under Section 125 of the Cr.P.C. in the Court of the learned Family Judge, Cuttack claiming maintenance from the petitioner. 4. Learned counsel for the Petitioner submits that the matter has been amicably settled between the parties on the intervention of gentries and a decree of divorce has also been granted vide judgment dated 17.11.2025 passed in C.P No.516 of 2022 by the learned Family Judge, Cuttack. 5. Learned counsel for the Opposite Party No.2/wife submits that she does not have any problem if the criminal proceeding in connection with Mahulpada PS Case No.32 of 2022 corresponding to G.R. Case No.1002 of 2022 pending in the court of the learned SDJM, Bonai is quashed. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 17:15:05 Signature Not Verified 3 6. Considering the submissions made by the learned counsel for the Petitioner and 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 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. 7. In view of the aforesaid discussion and considerations, the application is allowed. Accordingly, the entire criminal proceeding in connection with Mahulpada PS Case No.32 of 2022 corresponding to G.R. Case No.1002 of 2022 pending in the court of the learned SDJM, Bonai, is hereby quashed. 8. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452