Ramkrishna Tarani Padhi Vs State of Odisha

This CRLMC has been filed with the following prayer:- “In view of the facts and circumstances stated hereinabove, it is most humbly prayed that this Hon'ble Court may be pleased to:

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(a) Quash the order of cognizance dated 31.01.2025 as under Annexure-2 in C.T. Case No. 16 of 2025 arising out of Mahila PS. FIR No.0001 of 2025, passed by the learned S.D.J.M, Bhubaneswar, taking cognizance of offences under Sections 85, 316(2), and 351(2) of the BNS against the petitioner, as the same is arbitrary, illegal, and devoid of any material evidence;

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(b) Quash the criminal proceedings in C.T. Case No 16 of 2025 arising out of Mahila PS. FIR No.0001 of 2025, pending before the Learned SDJM, Bhubaneswar, as the same is based on false and baseless allegations, lacking any

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material evidence, and amounts to an abuse of the process of law;

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(c) Pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice;

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And for this act of kindness, the petitioner shall ever pray be duty-bound and grateful.”

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Report dated 15.05.2025 of the I.I.C., Mahila Police Station, Bhubaneswar UPD is produced by Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State along with letter dated 05.05.2025 of the opposite party no.2 address to I.I.C., Mahila

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Police Station, Bhubaneswar where she has stated that after counseling, they have decided to say together and a new beginning hoping for a positive reconciliation and maintenance of a healthy family life. The said report is taken on record.

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Mr. Abhisek Kejriwal, learned counsel for the petitioner submits that due to matrimonial dispute between the petitioner and opposite party no.2 the letter had lodged the FIR before the Mahila Police Station, Bhubaneswar leading to registration of Bhubaneswar Mahila P.S. Case No. 1 of 2025 against the petitioner and his family members for commission of offences punishable under Sections 85, 316(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023).

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After completion of investigation, charge sheet has been submitted

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only against the petitioner and on 31.01.2025 cognizance of offences

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has been taken against the petitioner for the offences under Sections 85, 316(2), 351(2) of the BNS, 2023. After filing of this CRLMC, due to intervention of the family friends and well-wishers of the petitioner and opposite party no.2, the dispute between them has been amicably resolved and it has been agreed that they shall reside together, but separately from their family members and the divorce petition C.P. No.715 of 2024 which had been filed by the petitioner under Section 13(1) of the Hindu Marriage Act, in the Court of the learned Judge, Family Court, Bhubaneswar has been withdrawn.

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Both the counsel submit that in support of the settlement, the petitioner and the opposite party no.2 have sworn a joint affidavit before the Oath Commissioner today as well as an affidavit of the opposite party no.2 in support of the settlement and stating that she does not want to pursue the criminal case and has no objection if the proceeding in C.T. Case No. 16 of 2025 pending before the learned S.D.J.M, Bhubaneswar arising out of Bhubaneswar Mahila P.S. Case No. 1 of 2025 are quashed.

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Mr. Raj Bhusan Dash, learned Additional Standing Counsel

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for the State submits that in view of the nature of dispute and subsequent compromise between the parties, who are husband and

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wife, he has no objection if the criminal proceeding is quashed

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against the petitioners.

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Considering the submissions made by the learned counsel for

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the respective parties, since the case arises out of a matrimonial dispute which has been amicably settled between the parties and the opposite party no.2 is no more interested to pursue the case against the petitioner, I am of the considered view that continuance of the proceeding may disturb the amicable settlement between the parties. The continuance of the proceeding against the petitioner would be an abuse of process of the Court and it would be a sheer wastage of valuable time of the Court as opposite party no.2 does not want to pursue the case.

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Therefore, in exercise of inherent power, I am inclined to accept the prayer made in the application and direct that the criminal proceeding in C.T. Case No. 16 of 2025 arising out of Mahila P.S. FIR No.0001 of 2025, passed by the learned S.D.J.M, Bhubaneswar so far as the petitioner is concerned, stands quashed.

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The CRLMC is accordingly allowed.

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Copy of this order be communicated to the learned S.D.J.M., Bhubaneswar.

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Sukanta Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-May-2025 20:51:02

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Ramkrishna Tarani Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ramkrishna Tarani Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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