Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.248 of 2026 Ashish Khare & Ors. ..... Petitioner (s) Mr. Anurag Pati, Advocate -versus- State of Odisha & Anr. ….. Opposite Party (s) Mr. Sonak Mishra, ASC Mr. Anshuman Ray, Advocate for O.P No.2
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No.
17.02.2026
03.
1. This matter is taken up through hybrid arrangement.
2. Mr. Anshuman Ray, learned counsel, by filing Vakalatnama in Court today, which is taken on record, enters appearance on behalf of the Opposite Party No.2.
3. The Petitioner has filed this CRLMC with a prayer to quash the entire criminal proceeding and the order of cognizance dated 05.05.2025 passed by the learned S.D.J.M., Bhubaneswar in CT No.374 of 2025 arising out of Maitri Vihar PS Case No. 077 of 2025.
4.
Learned counsel for the Petitioner submits that the daughter of the Petitioner No. 1 and 2 and the informant were legally married and their marriage was dissolved by a decree of divorce on mutual consent by the learned Judge, Family Court 1, Bhubaneswar vide judgment dated 08.01.2025 passed in CP Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Feb-2026 17:45:19 Signature Not Verified
Page 2 of 3. No. 507 of 2024. He further contends that the matter has been amicably settled between the parties. A Joint Affidavit has been filed to that effect which shall form a part of the record. The contents of the Joint Affidavit is extracted hereinbelow: -
“1.That the Opp. Party No.2 lodged a FIR before the Maitri Vihar Police Station vide P.S. Case No.77 of 2025 which was registered against the Petitioners on dated 11.03.2025 for alleged commission of the offences punishable U/s 126(2), 115(2), 351(2) and 3(5) of BNS. 2. That after submission of chargesheet the learned SDJM, Bhubaneswar taken cognizance on
05.05.2025. The above cognizance order and the entire criminal proceeding has been challenged in the present application. During pendency of the criminal proceeding, an amicable settlement has been arrived at between the Petitioners and Opp. No.2 (informant). 3.That in view of the amicable settlement, the informant/Opp.No.2 does not want to proceed with the case any further and he has no objection if the Petitioners are discharged in the present case and the proceeding is quashed on the ground of settlement.”
5. Considering the contents of the joint affidavit filed by 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
1 (2012) 10 SCC 303 Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Feb-2026 17:45:19 Signature Not Verified
Page 3 of 3. 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. 6. In view of the aforesaid discussion and considerations, the application is allowed.
Accordingly, the entire criminal proceeding and the order of cognizance dated 05.05.2025 passed by the learned S.D.J.M., Bhubaneswar in CT No.374 of 2025 arising out of Maitri Vihar PS Case No. 077 of 2025 is hereby quashed. 7. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge
Gitanjali
2 2014 (II) OLR 29 3 2014 (II) OLR 452