CRLMC/2364/2026 of TANUJ RANJAN MISHRA Vs STATE OF ODISHA on 12 August 2026

ORDER

12.08.2026 Order No.

01.

1. This matter is taken up through Hybrid Mode.

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

3. Learned counsel for the Petitioner, at the outset, contended that the Petitioner, who happens to be the father-in-law of the informant, has approached this Court by filing the present application under Section 528 of the BNSS with a prayer for quashing of the entire criminal proceeding including the charge sheet dated 17.06.2026 at Annexure-3.

4. Learned counsel for the Petitioner, at the outset, contended that there exists a matrimonial discord between the son of the Petitioner, who is the husband of Opposite Party No.2-wife, and Opposite Party No.2-wife. As a result, the husband of the Opposite

Party No.2 filed an application before the Judge, Family Court for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 which was registered as C.P No.49 of 2026 pending in the court Judge, Family Court, Sambalpur. He further contended that that immediately after institution of the aforesaid proceeding before the Judge, Family Court, the Opposite Party No.2-informant has lodged the present FIR making allegations against her husband along with her parents-in-law, which was registered as Sundergarh Town P.S Case No.168, dated 18.04.2026, for alleged commission of offence punishable under Section 85, 3(5) of the BNS read with Section 4 of the DP Act. In such view of the matter, learned counsel for the Petitioner prayed for quashing of the entire criminal proceeding as the FIR has been lodged by the informant after registration of the proceeding before the Judge, Family Court, Sambalpur, with an ulterior motive to harass all the family members.

5. Learned counsel for the State, on the other hand, objected to the prayer made in the present application. He further contended that in the meantime the investigation has been concluded and a charge sheet has been filed. Therefore, it was submitted before this Court that there exists prima facie material against the present Petitioner. As such, the prayer for quashing of the entire criminal proceeding is bad in law. So far the charge sheet is concerned, learned counsel for the State contended that the Petitioner will get an opportunity at the time of framing of charge to file a discharge application. On such ground, learned counsel for the State contended that the present application, being devoid of merit, be thrown out at the threshold.

6. Considering the submissions made by learned counsels appearing for the respective parties, on a careful examination of background facts, as well as the allegation made by the Petitioner in the present application, this Court deems it proper to dispose of the present CRLMC application by granting liberty to the Petitioner to raise the grounds taken in the present application along with other relevant grounds at the time of framing of charge, by filing a discharge application. In the event any such application is filed, the learned trial court shall consider the same strictly in accordance with law and dispose of such application by passing a reasoned order.

7. With the aforesaid observations/ directions, the CRLMC application stands disposed of.

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 13-Aug-2026 12:03:48 Signature Not Verified