Orissa High Court
Mausumi Nath & Ors vs State Of Odisha & Anr. …. Opposite … on 5 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.655 of 2026
Mausumi Nath & Ors. .... Petitioner(s)
Mr. Ajit Kumar Mohanty, Adv.
-versus-
State of Odisha & Anr. .... Opposite Party(s)
Smt. Sarita Moharana, ASC
Miss Tapaswini Sinha, Adv.
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 05.03.2026
01. 1. This matter is taken up through hybrid arrangement.
2. In filing this CRLMC, the Petitioners being the members
of the in-laws’ house of the informant/Opposite Party
No.2, have prayed for quashing the entire criminal
proceeding initiated against them based on the allegation
of some matrimonial dispute vide Niali P.S. Case
No.184/2022 corresponding to G.R. No.167/2022 pending
before the Court of learned J.M.F.C (GN), Niali, Cuttack
3. Heard.
4. At the outset, learned counsel for the Petitioners submits
that the criminal proceeding arising out of the selfsame
matrimonial dispute instituted against the husband of the
Opposite Party No.2/informant, has already been quashed
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
based on the decree of divorce vide order dated 18.12.2025
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 05-Mar-2026 17:52:30
passed in CRLMC No.2028 of 2025. He further contends
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that since the criminal proceeding arising out of the
selfsame matrimonial dispute instituted against the main
accused has already been quashed, continuation of the
above noted criminal proceeding arising out of the said
matrimonial dispute against the other family members of
the main accused would serve no fruitful purpose. He,
accordingly, prays for allowing the prayer made in this
CRLMC.
5. At this juncture, learned counsel for the Petitioners and
learned counsel for the Opposite Party No.2/informant in
one tone submit that both the parties are also ready for
amicable settlement of the dispute involved herein. They,
accordingly, pray for allowing the prayer made in this
CRLMC.
6. It is well settled that although the offences under
Sections 498-A, 323, 307, 506 & 34 of the I.P.C and Section 4
of the Dowry Prohibition Act are non-compoundable, the
High Court, in exercise of its inherent jurisdiction under
Section 482 of the Cr.P.C., is not denuded of power to
quash the criminal proceeding where the dispute is
essentially private and matrimonial in nature and the
parties have voluntarily arrived at a genuine and complete
settlement. The underlying object of such exercise is to
Signature Not Verified secure the ends of justice and to prevent abuse of the
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 05-Mar-2026 17:52:30
process of the Court. Where the continuation of the
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criminal proceeding, despite an amicable settlement,
would serve no fruitful purpose and would only
perpetuate bitterness between the parties, the High Court
would be justified in interdicting the prosecution,
particularly when the informant herself has unequivocally
expressed her consent for such quashing.
7. Considering the submissions made on behalf of both the
parties and following the ratio laid down by the Supreme
Court in 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 –
vrs.- State of Orissa and Another3, 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. In view of the aforesaid discussion and since the
criminal proceeding arising out of the selfsame
matrimonial dispute instituted against the main
accused/husband of the Opposite Party No.2/informant
has already been quashed based on the decree of divorce,
this Court allows the prayer made in this CRLMC.
Signature Not Verified 1
Digitally Signed
(2012) 10 SCC 303
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
2
2014 (II) OLR 29
Date: 05-Mar-2026 17:52:30
3 2014 (II) OLR 452
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Accordingly, the entire criminal proceeding initiated
against the Petitioners vide Niali P.S. Case No.184/2022
corresponding to G.R. No.167/2022 pending before the
Court of learned J.M.F.C (GN), Niali, Cuttack stands
quashed.
9. This CRLMC is, accordingly, disposed of.
10. Interim order, if any, passed earlier stands vacated.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 05-Mar-2026 17:52:30
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