CRLMC/4118/2025 of MOHAN CHARAN BHUIAN @ BHUYAN Vs STATE OF ODISHA on 17 August 2026

ORDER

17.08.2026 Order No.

02.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners as well as the learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. This accused-Petitioners have approached this Court with a prayer for quashing of the entire criminal proceeding arising out of Bhandaripokhari P.S. Case No.511 dated 06/12/2024, which has been registered for commission of an offense punishable under Sections 85, 296, 318(4), 319(2), 127(2), 316(2), 3(5) of the BNS.

4. Learned counsel for the Petitioners at the outset contended that the Petitioner No.4 and the Opposite Party No.2-Informant are husband and wife. He further contended that due to a matrimonial discord a dispute arose between the two. Thereafter, the husband filed an application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage, which was registered as C.P. No.11 of 2024 before the learned Judge, Family Court, Jajpur. He further contended that in the aforesaid case though the Opposite Party No.2 appeared in the civil proceeding, she did not opt to file any written statement. However, she took part in the counseling and eventually she was set ex-parte on 24/08/2024 due to her non-cooperation. Finally, the learned Judge, Family Court, Jajpur proceeded with the hearing of the matter and finally, by virtue of the judgment dated 05/11/2024 at Annexure-2, a decree was passed dissolving the marriage between the Petitioner No.4 and Opposite Party No.2. Further, the Petitioner No.4 was directed to pay a sum of rupees four lakhs towards maintenance and permanent alimony to the Opposite Party No.2 within three months.

5. Learned counsel for the Petitioner further submitted that in the meantime, the Petitioner No.4 has already deposited the permanent alimony amount as has been directed by the learned Judge, Family Court, and that such amount has already been disbursed in favor of the Opposite Party No.2-wife.

6. While the aforesaid civil proceeding was pending before the learned Judge, Family Court, Jajpur, the Informant-wife lodged the present FIR on 06/12/2024 at Bhandaripokhari P.S. Although the FIR was registered in the year 2024, till date no charge-sheet has been filed. In the meantime, the marriage has been dissolved and that the Opposite Party No.2 has already accepted the permanent alimony, and she has not challenged the judgment of the learned Judge, Family Court any further. As such, the judgment dated 05/11/2024 at Annexure-2 has attained finality.

7. Despite valid service of notice on the Opposite Party No.2- wife, none appears on behalf of Opposite Party No.2-wife when the matter was taken up for hearing.

8. In view of the aforesaid position, this Court directs the learned counsel for the State to pass necessary instruction to the Investigating Officer to record the statement of the Opposite Party No.2-wife. Accordingly, the Investigating Officer, on the basis of such statement, shall explore the possibility of filing of a final form in the present case, keeping in view the fact that the marriage has already been dissolved by judgment dated 05/11/2024 passed in C.P. No.11 of 2024 by the learned Judge, Family Court, Jajpur. Accordingly, the present CRLMC application stands disposed of. 9 A free copy of this order be handed over to the learned counsel for the State for communication of the same to the Investigating Officer of Bhandaripokhari P.S.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 18:47:25 Signature Not Verified