IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2093 of 2024 Rakesh Kumar Jena & Ors. …. Petitioner(s) Mr. Bikram Senapati, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. Tej Kumar, ASC Mr. P.K. Sahoo, Adv. (for O.P. No.2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 06.02.2026 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. In the present CRLMC, the Petitioners have approached this Court seeking to quash the order of cognizance dated 04.11.2019 passed by the learned S.D.J.M., Dhenkanal in G.R. Case No.386 of 2019, whereby cognizance has been taken for the offences under Sections 498(A)/506/34 against the Petitioners. 4. Learned counsel for the Petitioners submits that, in the meantime, the civil proceeding under Section 13-B of the Hindu Marriage Act, 1955 has been allowed and the marriage between the Petitioner No.1 and Opposite Party No.2 stands dissolved vide judgment and decree Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Feb-2026 20:09:42 Signature Not Verified dated 16.05.2024 passed in C.P. No.53 of 2024. He further submits that the parties have amicably settled their disputes and are presently living peacefully. Hence, prayer is made for quashing of the order of cognizance dated 04.11.2019 as well as the entire criminal proceedings against the Petitioners. 5. Learned counsel for the Petitioners further submits that the Petitioner No.1 and the Opposite Party No.2 had jointly filed an affidavit before this Court in MATA Case No.129 of 2022, expressing their mutual consent and willingness for dissolution of marriage on the basis of settlement arrived between the parties. 6. Learned counsel appearing on behalf of the Opposite Party No.2 has advanced similar submissions and has supported the prayer made by the Petitioners. 7. In the case of 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 –v.- State of Orissa and Another3, wherein the Supreme Court as well as 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. 8. 8. In view of the aforesaid facts and circumstances, particularly considering that the marriage between the Petitioner No.1 and 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Opposite Party No.2 has already been dissolved and taking into account the joint affidavit filed before this Court in MATA Case No.129 of 2022, this Court is of the considered opinion that continuation of the present criminal proceeding would not serve the interest of either party. Accordingly, invoking the inherent powers under Section 482 of Cr.P.C. (corresponding to Section 528 of BNSS) to prevent abuse of process of Court and to secure the ends of justice, this Court is inclined to allow the prayer made by the Petitioners. 9. Consequently, the impugned order dated 04.11.2019 taking cognizance of the offences is hereby quashed and the entire criminal proceeding in G.R. Case No.386 of 2019 (arising out of Dhenkanal Town P.S. Case No.16 dated 31.03.2019), pending before the learned S.D.J.M., Dhenkanal, stands quashed. 10. Accordingly, this CRLMC is disposed of. 11. Pending application (s), if any, shall also stand disposed of. 12. Interim order, if any, passed earlier stands vacated. 13. Issue urgent certified copy of this order as per Rules. 14. A copy of the order be communicated to the learned trial Court for information. ( Dr. Sanjeeb K Panigrahi) Judge Sipun