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2050 DAILYLAW 3 (ORI)

SUMITA HARIJAN v. STATE OF ODISHA

CRLMC/2050/2026 · 2026-07-03

S K Panigrahi

body2050

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2050 of 2026 Sumita Harijan …. Petitioner(s) Ms. Sasmita Nanda, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. Tej Kumar, ASC Ms. Laxmipriya Sahoo, Adv. (for O.P. No.2) CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 03.07.2026 1. This matter is taken up through hybrid arrangement. 2. By filing the present CRLMC, the Petitioner has prayed for quashing of the F.I.R. registered in Nabarangpur P.S. Case No.137 of 2021, corresponding to G.R. Case No.339 of 2021, pending in the Court of the learned Senior Civil Judge-cum-A.S.J. (Women’s Court), Nabarangpur along with the entire criminal proceeding arising therefrom against Opposite Party No.2. 3. Heard learned counsel for the Petitioner, learned Additional Standing Counsel for the State and learned counsel for Opposite Party No.2. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 18:38:45 Signature Not Verified 4. Learned counsel for the Petitioner submits that the present CRLMC arises out of a matrimonial dispute between the Petitioner and Opposite Party No.2. During pendency of the criminal proceeding, the parties were referred to the Mediation Centre, Nabarangpur, where they amicably resolved all their disputes. In support of such settlement, learned counsel has placed on record the Settlement Report dated 24.03.2026, annexed as Annexure- 3 to the present petition. 5. It is further submitted that the Petitioner (informant) and Opposite Party No.2, being wife and husband, have resumed their matrimonial relationship pursuant to the settlement and are presently residing together under one roof and leading a peaceful conjugal life. In view of the settlement, neither party intends to pursue the criminal proceeding. 6. Learned counsel for the Petitioner further submits that the Petitioner has voluntarily approached this Court seeking quashing of the F.I.R. and the consequential criminal proceeding without any coercion, undue influence or pressure, as the disputes have been amicably settled before the Mediation Centre, Boudh. Hence, she prayed that the F.I.R. and the entire criminal proceeding initiated against Opposite Party No.2 be quashed in exercise of the inherent jurisdiction of this Court under Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 18:38:45 Signature Not Verified Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Learned Additional Standing Counsel for the State submits that in view of the compromise arrived at between the parties and considering the nature of the dispute, the State has no serious objection if the criminal proceeding is quashed. 8. Considering the submissions advanced by the learned counsel for the parties and upon perusal of the Settlement Report dated 24.03.2026, it appears that the dispute between the parties is purely matrimonial in nature and has been amicably resolved through mediation. The parties have resumed cohabitation and are presently living together as husband and wife. Continuation of the criminal proceeding, in such circumstances, would serve no useful purpose and is likely to disturb the restored matrimonial harmony. 9. In the facts of the present case, the dispute being matrimonial in nature, the settlement having been voluntarily arrived at before the Mediation Centre and the parties having resumed their matrimonial life, this Court is satisfied that continuation of the criminal proceeding would be an abuse of the process of law and that quashing of the proceeding would secure the ends of justice. 10. Accordingly, the CRLMC stands allowed. Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 18:38:45 Signature Not Verified 11. The F.I.R. registered in Nabarangpur P.S. Case No.137 of 2021, corresponding to G.R. Case No.339 of 2021, pending in the Court of the learned Senior Civil Judge- cum-A.S.J. (Women’s Court), Nabarangpur, along with all consequential criminal proceedings arising therefrom against Opposite Party No.2 (Narasingha Harijan), is hereby quashed. 12. Pending application (s), if any, shall stand disposed of. 13. Issue urgent certified copy of this order as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun ORISSA, CUTTACK