Disposed

Ram Chandra Behera @ Rama v. Kabita Behera

Orissa HC16 Jul 2025CRLMC/1609/2025

Case brief

AI extract

What is this about?

Husband sought quashing of a criminal case registered at his wife's instance after matrimonial dispute. Parties reconciled and wife filed affidavit confirming settlement. Court disposed of application directing the wife to record her statement under Section 164 Cr.P.C.; if she corroborates the affidavit, proceeding will not sustain.

What did the court decide?

Application disposed of with direction for informant's statement under Section 164 CrPC; proceeding to be quashed if she corroborates her settlement affidavit.

Ram Chandra Behera @ Rama Vs Kabita Behera — Matrimonial and Divorce | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1609 of 2025

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Ram Chandra Behera @ Rama

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..... Petitioner

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Represented By Adv. - Prasanta Kumar Nanda

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-versus-

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1) Kabita Behera ..... Opposite Parties 2) State Of Odisha Represented By Adv. – Ms. B.K.Sahu, A.G.A. Jagabandhu Sahu S.srichandan

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

16.07.2025

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the petitioner as well as learned counsel for the informant.

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It is stated by the learned counsels appearing for the parties that the petitioner and the informant are related as husband and wife. He further contended that due to a misunderstanding the present criminal case was registered at the instance of the informant-wife. Learned counsels appearing from the both sides further submitted that in the meantime they have resolved the dispute amicably and that they are staying together leading a peaceful life. An affidavit has also been filed by the Opposite

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Page 1 of 3.

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Party No.1-Informant confirming the aforesaid facts. In Para-3 of such affidavit it has been stated as follow-:

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“That though there are allegations and counter allegations, but parties are under one roof. The petitioner is the husband of the opp.party No. 1/deponent. However in the meantime parties have settled their disputes in presence of gentries and, the opp.party no. 1-informant and the petitioner do not want to proceed with the case in the present lis. Now the parties are residing under one roof and continuing their conjugal life peacefully. The informant/opp.party no.l will have no further grievance against the petitioner and resolved the disputes for all time to come as the same is personal in nature. The deponent has not been pressurized or any coercion from any comer to settle the dispute for all time to come. At this juncture parties to the lis want for quashment of the proceeding for the interest of justice.”

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Learned counsel for the State on the other hand contended that although an affidavit has been filed by the InformantOpposite Party No.1, however the genuineness of such affidavit has to be examined.

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In such view of the matter, this Court disposes of the application at the stage of admission by directing the Opposite Party No.1 to approach the concerned I.O./ Public Prosecutor for the recording of her statement under Section 164 Cr.P.C. In the event the Informant-Opposite Party No.1 corroborates the affidavit filed by her before this Court then the criminal proceeding does not sustain. However, it is further made clear that in the event the Opposite Party No.1-Informant does not support the affidavit filed before this Court and it is found that she does not support the contentions raised in the affidavit then

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Page 2 of 3.

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Rubi

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this order automatically stands revoked and it is open to the learned trial court proceed the trial.

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With the aforesaid observations, the CRLMC application stands disposed of.

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( A.K. Mohapatra)

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Judge

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Page 3 of 3.

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 21-Jul-2025 14:46:37

Ram Chandra Behera @ Rama v. Kabita Behera

Case brief

What is this about?

What did the court decide?

Ram Chandra Behera @ Rama v. Kabita Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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