Orissa High Court
CRLMC/2283/2026 of KABITA MAHANANDIA Vs STATE OF ODISHA on 18 August 2026
of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2283 of 2026 CNR No. ODHC010527122026 Kabita Mahanandia ..... Petitioner Represented by Adv. - Sasmita Nanda -versus- 1) STATE OF ODISHA ..... Opposite Parties 2) MUNA MAHANANDIA Represented by Adv. – Mr. U.R. Jena, AGA SK. JONED FAIZ
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2283 of 2026
CNR No. ODHC010527122026
Kabita Mahanandia
.....
Petitioner
Represented by Adv. -
Sasmita Nanda
-versus-
1) STATE OF ODISHA
.....
Opposite Parties
2) MUNA MAHANANDIA
Represented by Adv. –
Mr. U.R. Jena, AGA
SK. JONED FAIZ
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
18.08.2026 Order No.
04.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Sk. Joned Faiz, learned counsel has entered appearance on behalf of Opposite Party No.2 files Vakalatnama in Court. The Vakalatnama is accepted. The name be reflected in the cause list as well as in the brief. Notice to Opposite Party No.2 is dispensed with.
3. Heard learned counsel for the Petitioner as well as learned counsel for the Opposite Party No.2. Perused the CRLMC application as well as the prayer made therein.
4. By filing the present application under Section 528 of the BNSS. The Petitioner-Informant (the wife) has approached this Court with a prayer for quashing of the entire criminal proceeding arising out of Boudh P.S. Case No.14 dated 06.01.2023, which was registered for alleged commission of offence punishable under Sections 498-A/294/323/494 of IPC which corresponds to C.T. Case No.13 of 2023 pending in the file of learned J.M.F.C., Boudh.
5. Learned counsel for the Petitioner-Informant (the wife) submitted before this Court that initially she lodged the FIR before the Boudh Police Station alleging harassment and torture by the Opposite Party No.2-Husband. He further submitted that such FIR was lodged due to a misunderstanding between the Petitioner-wife and the Opposite Party No.2-Husband. He further contended that in the meantime, the matter has been amicably settled with the intervention of the learned Mediator of the District Mediation Centre, Boudh. Further, referring to the mediation report by the learned Mediator at the District Mediation Centre, Boudh dated 06.06.2026, at Annexure-3 to the application. Learned counsel for the Petitioner submitted before this Court that the matter has been amicably settled between the Petitioner and the Opposite Party No.2 and the learned Mediator has reported that the mediation has become successful. Such Mediation report was placed before the learned JMFC, Boudh. However, the learned JMFC, Boudh, vide order dated 17.06.2026, while accepting the report of the mediator vide letter no.2311 dated 06.06.2026, has passed order dated 17.06.2026 that since the offence alleged is non-compoundable in nature, the same cannot be compounded by the learned Magistrate. However, in his order dated 17.06.2026, it has been categorically mentioned that the dispute has been settled and both parties have resolved that dispute and have agreed to resume cohabitation and to lead a peaceful conjugal life. A certified copy of order dated 17.06.2026 was produced in course of hearing. The same is taken on record.
6. Learned counsel appearing for the husband-opposite Party No.2 while supporting the contentions raised by the learned counsel for the Petitioner-wife submitted before this Court that they have both resolved the dispute and are now residing together as husband and wife and leading a happy conjugal life. He further contended that the further continuance of the present criminal proceeding would be an abuse of process of law and that the same would unnecessarily create distress otherwise in their happy matrimonial life.
7. Learned counsel for the State on the other hand contended that since the matter has already been resolved amicably through mediation and such fact has already been taken note of by the learned J.M.F.C., Boudh, he will have no objection in the event this Court pass any order to secure the ends of justice.
8. Having regard to the submissions made by the learned counsels appearing for both sides and on a careful examination of the documents already on record, further on a close scrutiny of the mediation report at Annexure-3 as well as order dated 17.06.2026 before the learned J.M.F.C., Boudh, this Court found that the matter has already been resolved through the mechanism of mediation and that both the Petitioner and Opposite Party No.2 are residing together as husband and wife and leading a happy conjugal life. In such backdrop, this Court is of the view that the further continuance of the present criminal proceeding would be an abuse of the process of law. Accordingly, this Court has no hesitation to exercise its inherent power under Section 528 of BNSS to quash the entire criminal proceeding. Accordingly, the criminal proceeding in C.T. Case No.13 of 2023 pending in the file of learned J.M.F.C., Boudh is hereby quashed.
9. Accordingly, the CRLMC application stands allowed.
( Aditya Kumar Mohapatra)
Judge Sisir
Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Aug-2026 19:00:50 Signature Not Verified