CRLMC/4766/2025 of BIKRAM MUKHI Vs STATE OF ODISHA on 17 August 2026

ORDER

17.08.2026 Order No.

03.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned counsel appearing for the Opposite Party No.2 and learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. The accused-petitioner who happens to be the husband of Opposite Party No.1 has approached this Court by filing the present application under Section 482 of the Cr.P.C. with a prayer for quashing of the entire criminal proceeding arising out of Patkura P.S. Case No.450 of 2023 which corresponds to G.R. Case No.2837 of 2023 now pending in the Court of learned S.D.J.M., Kendrapara.

4. Learned counsel for the Petitioner and Opposite Party No.2 contended before this Court that the matter has been settled amicably and the Petitioner-husband and Opposite Party No.2-Wife, who have been separated by grant of a decree of divorce in the meantime, do not want to proceed further in the present case. Accordingly, a joint prayer was made for quashing of the entire criminal proceeding.

5. The factual background as has been narrated in the FIR reveals that the Opposite Party No.2-Wife lodged the FIR on 30.10.2023 before the Patkura P.S. alleging commission of an offence punishable under Sections 498(A)/294/323/506/34 of the IPC read with Section 4 of the D.P. Act. As per the allegation made in the FIR, the Informant- Opposite Party No.2 wife has alleged dowry related torture and ill- treatment by her in-laws family members including her husband. She has also specifically made allegations of demand of dowry by her in- laws family members. In the FIR she had admitted about the marriage and that after the marriage she was staying with her in-laws. Furthermore, when she was tortured by her husband and in-laws family member demanding more dowry, the Informant-Opposite Party No.2 came to her parental house and informed the incident to her parents. Thereafter, the present FIR has been registered. When the aforesaid criminal case was pending, the Parties agreed to amicably resolve the dispute and accordingly they filed a petition under Section 13-B of the Hindu Marriage Act, 1955 seeking a decree of divorce on mutual consent from the learned Judge, Family Court, Cuttack, such proceeding was registered as Civil Proceeding No.153 of 2025.

6. Learned counsel for the Petitioner at this juncture contended that the abovenoted civil proceeding has been disposed of in the meantime by virtue of a grant of decree of divorce dated 09.07.2026 by the Judge,

Family Court, Cuttack on mutual consent of the Parties. A certified copy of the decree was produced in Court today. The same is taken on record.

7. On perusal of the decree of divorce it appears that the marriage between the Petitioner and the Opposite Party No.2 has been dissolved on mutual consent. The learned Judge, Family Court has also indicated that despite several attempt for their reunion, the attempts for conciliation of the dispute have failed. Accordingly, on the agreement of the Parties, a decree of mutual divorce has been granted subject to Petitioner-Husband paying a permanent alimony of Rs.4,00,000/- (Rupees Four Lakhs) to the Opposite Party No.2.

8. Learned counsel appearing for the Informant-Wife did not dispute the fact that the Opposite Party No.2-wife has received the permanent alimony of Rs.4,00,000/-. Hence, the marriage between the Petitioner and the Opposite Party No.2 stands annulled in view of the decree dated 09.07.2026. Learned counsel for the Informant-Opposite Party No.2 on the other hand contended that since the dispute has been amicably resolved, the Opposite Party No.2-wife does not want to proceed further in this case. In the aforesaid context, she also referred to the joint affidavit filed by the Parties which is on record. On perusal on such affidavit filed before this Court by the Petitioner as well as the Opposite Party No.2, it is revealed that the marriage between the Parties has been dissolved and that they have decided to part ways peacefully. It has also been mentioned that the Informant-Opposite Party No.2 does not want to proceed further in the present criminal case and that she will have no objection, in the event this Court quashes the entire criminal proceeding against the Petitioner-Husband.

9. Learned counsel for the State on the other hand contended that it appears that the dispute involved in the present criminal case is basically matrimonial in nature. He further contended that in view of the subsequent development, i.e. a decree of divorce granted on mutual consent and the Informant not being interested to proceed further in this case, he will have no objection in the event this Court passes any order to secure the ends of justice.

10. Having regard to the submissions made by the learned counsels appearing for the Parties and on a careful examination of the background facts, further taking note of the decree of divorce, a certificate copy of which was filed in Court today, as well as the joint affidavit filed by the parties, this Court is of the view that the dispute has been settled amicably between the Petitioner and the Opposite Party No.2. Moreover, taking into consideration the nature of the dispute, permitting the case to go to trial would cause harassment to both the Petitioner as well as the Opposite Party No.2-wife. In such background, this Court is of the view that the present case falls within the category of rarest of rare cases where this Court ought to exercise its inherent power to quash the entire proceeding. Accordingly, this Court has no hesitation in quashing the entire criminal proceeding arising out of G.R. Case No.2837 of 2023, which arises out of Patkura P.S. Case No.450 of 2023, now pending in the Court of learned S.D.J.M., Kendrapara. The same is hereby quashed.

11. Accordingly, the CRLMC application stands disposed of.

( A.K. Mohapatra)

Judge Sisir

Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Aug-2026 18:53:42 Signature Not Verified