Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 311 of 2026 with CRLMC No.4445 of 2023
Sushant Bhuyan (in CRLMC No.311 of 2026) Bipra Charan Bhuyan (In CRLMC No.4445 of 2023)
..…... Petitioner(s) Ms. Ruchi Rajgarhia, Adv.
-Versus-
State of Odisha & Anr.
……. Opposite Party(s) Mr. Tej Kumar, ASC Mr. Lombodor Achari, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
19.02.2026
Order No.
03. 1. This matter is taken up through hybrid arrangement. 2. Since both the CRLMC are inter-linked, the same are heard together and are being disposed of by this common order. However, this Court felt it apposite to deal the CRLMC No.311 of 2026 as the leading case for proper adjudication of both the cases. 3. Heard learned counsel for the parties. 4. The Petitioner (Sushant Bhuyan) has filed this CRLMC with a prayer to quash the criminal proceeding in G.R. Case No.769 of 2021 pending in the Court of learned J.M.F.C., Aska, Ganjam. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 19-Feb-2026 19:15:21 Signature Not Verified
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5. Learned counsel for the Petitioner submits that the Opposite Party No.2/wife had filed a divorce petition vide Civil Proceeding No.63 of 2024 before the court of learned Judge, Family Court, Berhampur, Ganjam. The said C.P. No.63 of 2024 was allowed by the court below vide order dated 28.06.2025, directing the Petitioner to pay Rs.13,00,000/- to the Opposite Party No.2 towards permanent alimony. She further submits that, in the meantime, the Petitioner has already paid the entire amount to the Opposite Party No.2. In this regard, the Opposite Party No.2 has filed an affidavit dated 13.02.2026. Hence, the criminal proceeding initiated against the Petitioner may be quashed. 6. Learned counsel for the Opposite Party No.2/Informant has no objection, if the aforesaid proceeding is quashed. 7. Considering the contents of the affidavit filed by the Opposite Party No.2 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, wherein this Court is of the opinion that no useful purpose will be served in allowing such proceedings to continue
1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 19-Feb-2026 19:15:21 Signature Not Verified
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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 considerations, the application is allowed.
Accordingly, the criminal proceeding initiated against the Petitioner in G.R. Case No.769 of 2021, pending in the court of learned J.M.F.C., Aska, Ganjam is hereby quashed. The court concerned on receipt or production of the certified copy of this order, shall do well to drop the aforesaid proceeding against the Petitioner. 9. Accordingly, the CRLMC No.311 of 2026 is disposed of. 10. Consequently, the connected CRLMC No.4445 of 2023 is also
disposed of in terms of the order passed today in CRLMC No.311 of 2026.
( Dr. Sanjeeb K Panigrahi)
Judge Murmu Designation: P.A.