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2026 DAILYLAW 4816 (ORI)

SRIDHAR KUMAR MISHRA v. STATE OF ODISHA

CRLMC/767/2026 · 2026-03-13

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.767 of 2026 Sridhar Kumar Mishra .... Petitioner(s) Mr. Sahasransu Sourav, Advocate -Versus- State of Odisha & Anr. …. Opposite Party (s) Mr. Tej Kumar, ASC Mr. Suryakant Dwibedi, 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 FIR in connection with Manamunda P.S Case No.331 of 2024 corresponding to S.T. Case No.39 of 2025 pending in the Court of the learned Additional Sessions Judge, Kantamal. 3. The brief fact of the case, as alleged in the FIR, is that on 06.11.2024 at 7.00 P.M., the complainant, named, Smt. Bharati Dash, W/o Sridhara Mishra of village Similipadar PS-Manamunda, Dist- Boudh appeared at PS and presented a written report that she had been married to Sridhara Mishra, S/o-Suresh Chandra Mishra nine years ago in vedic rituals. Her father had passed away before her marriage. At the time of marriage, her mother had given dowry as per her capacity. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 14:47:47 Signature Not Verified 2 She blessed with two daughters one is 7 years and another is 3 years old. She alleged that her husband was not doing any work. He always demanded for money from her mother and tortured her. She being compromised many times with her husband in presence of gentlemen of her village came to her husband’s house. On 04.11.2024 at about 10.00 AM her husband demanded for Rs.2,00,000/- to her mother. When she refused to bring money from her mother, her husband squeezed her younger daughter’s neck. She rescued her daughter from the clutch of her husband. Thereafter, her husband abused her in obscence language and threatened to kill her life. He also beaten her by means of stick (medha), as a result of which, she sustained severe injuries on her head. Her father-in-law shifted her to CHC, Manamunda by an Ambulance wherefrom she was referred to DHH, Sonepur. Hence this case. 4. Learned counsel for the petitioner submits that during pendency of the criminal proceeding, the matter has been amicably settled between the parties in the meantime. The Opposite Party No.2 has filed an affidavit to that effect. 5. Perused the affidavit filed by the Opposite Party No.2. The relevant contents thereof are extracted hereunder: — “I, Bharati Dash, aged about 31 years, Wife of Sridhar Kumar Mishra, At-31, Similipadar, Village -Similipadar(Part), G.P./Town - Similipadar, Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 14:47:47 Signature Not Verified 3 P.S. Manamunda, Dist - Boudh, Pin-762030, do hereby solemnly affirm and state on oath as under: 1. That I am the informant in Manamunda P.S. Case No.331 corresponding to S.T Case No.39 of 2025 pending in the Court of the learned Additional and District Judge, Kantamal, Boudh. 2. That, in the meantime upon efforts and attempts being made by the friends and elders as well as the respectable people of the society, thereby clarifying all the bonafide mistakes, misunderstandings between me and my husband Sridhar Kumar Mishra, Son of Sureswara Mishra, At/Via/P.O| Similipadar, P.S. Manamunda, Dist - Boudh, Pin-762030. Moreover, due to intervention of well-wishers, friends and family members, all the disputes between me and my husband stands finally resolved amicably and there is no ill will or complaint against each other in any manner. Furthermore, I am staying happily with my husband and two minor children at our matrimonial house. Thus, I have agreed to withdraw the complaint made against my husband and I undertake to make such statements before the court in this respect as and when required and this affidavit may be utilised for quashing of criminal proceedings arising from Manamunda P.S. Case No.331 corresponding to S.T. Case No.39 of 2025 pending in the Court of learned Additional and District Judge, Kantamal, Boudh. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 14:47:47 Signature Not Verified 4 3. That, I am executing this affidavit with my consent and free will without any pressure, force, coercion or undue influence from any side. 4. That the facts stated above are true and correct to the best of my knowledge and belief.” 6. Having perused the joint affidavits filed by the parties, this Court is of the view that the scope and ambit of the inherent powers of this Court under Section 482 CrPC is well settled. Such power is to be exercised sparingly, with circumspection, and only to secure the ends of justice or to prevent abuse of the process of Court. At the same time, it is equally settled that the High Court, in appropriate cases, is not powerless to quash criminal proceedings even in respect of non- compoundable offences, if the facts and circumstances so warrant and if continuation of the proceedings would amount to an abuse of the process of law. 7. This Court is conscious of the fact that quashing of criminal proceedings should not be permitted to defeat the object of special statutes. However, the peculiar facts of the present case, coupled with the unequivocal stand of the informant and the subsequent developments, persuade this Court to hold that the ends of justice would be better served by putting an end to the criminal proceeding rather than allowing it to continue mechanically. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Mar-2026 14:47:47 Signature Not Verified 5 8. Considering the submissions advanced by learned counsel for the petitioner and upon careful perusal of the joint affidavit filed by the parties, this Court is of the considered view that the dispute between the parties has been amicably resolved. In the circumstances, continuation of the criminal proceeding at this stage would serve no useful or meaningful purpose and would only result in unnecessary prolongation of the proceedings and avoidable burden on the docket of the Court. 9. In view of the foregoing discussion, the CRLMC stands allowed. Consequently, the FIR in connection with Manamunda P.S Case No.331 of 2024 corresponding to S.T. Case No.39 of 2025 pending in the Court of the learned Additional Sessions Judge, Kantamal, is hereby quashed. 10. The CRLMC is disposed of, accordingly. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali