Disposed¶20

Basanta Naik v. State of Odisha

Orissa HC13 Nov 2025CRLMC/4197/2025

Case brief

AI extract

What is this about?

Basanta Naik v. State of Odisha & another, CRLMC No.4197 of 2025, High Court of Orissa at Cuttack, Aditya Kumar Mohapatra, J., order dated 13.11.2025. Quashing under Section 528 BNSS of proceedings under Section 12 PWDV Act 2005 (CMC No.247 of 2022 / Crl. Misc. Case No.88 of 2023, S.D.J.M. Talcher); ex parte maintenance order dated 24.01.2023; liberty to apply for variation; trial court to hear both sides and decide within six weeks; application disposed of.

What did the court decide?

Liberty granted to the Petitioner to apply before the learned trial court for variation of the ex parte maintenance order dated 24.01.2023; the trial court is to hear both sides and pass an order in accordance with law within six weeks of the Petitioner's appearance with a copy of this order. The CRLMC application is disposed of with these observations and directions.

Basanta Naik Vs State of Odisha — Domestic Violence | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceeding arising out of CMC No.247 of 2022 (corresponding to Crl. Misc. Case No.88 of 2023, pending before the learned S.D.J.M., Talcher), initiated under Section 12 of the PWDV Act, 2005, should be quashed. +1 more

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Ratio / Principle

This Court grants the Petitioner an opportunity to move an application before the learned trial court seeking variation of the order dated 24.01.2023.

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Key takeaways

On such an application, the learned trial court shall, after providing an opportunity for hearing of both sides, pass an order in accordance with law within six weeks from the date the Petitioner appears before it along with a copy of this Court's order.ratio¶19

Detailed headnote1 paragraphs

Criminal Misc. application (CRLMC No.4197 of 2025) under Section 528 of the B.N.S.S. by the husband seeking quashing of domestic-violence proceedings arising out of CMC No.247 of 2022 (Crl. Misc. Case No.88 of 2023, pending before the S.D.J.M., Talcher), initiated under Section 12 of the PWDV Act, 2005 at the instance of his wife. Grievance centred on an ex parte maintenance order dated 24.01.2023 passed by the trial court, which counsel argued had no validity. The High Court did not quash the proceedings; it granted the Petitioner liberty to seek variation of the ex parte order before the trial court, directing that the trial court hear both sides and pass an order in accordance with law within six weeks of the Petitioner's appearance with a copy of the order. Application disposed of accordingly. — Aditya K. Mohapatra, J.; 13.11.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4197 of 2025

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Basanta Naik ..... Petitioner

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Represented By Adv. - Girija Sankar Nayak

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-versus-

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State Of Odisha & another

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..... Opposite Parties

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Represented By Adv. – Mr. U.C.Jena, A.S.C.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.11.2025

Order No.

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

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

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By filing the present application under Section 528 of the B.N.S.S. the petitioner seeks quashing of the entire criminal proceeding arising out of CMC No.247 of 2022 which corresponds to Crl. Misc. Case No.88 of 2023 now pending in the learned S.D.J.M., Talcher. The abovenoted CMC No.247 of 2022 was initiated on an application filed under Section 12 of the PWDV Act, 2005 at the instance of the Opposite Party No.2-wife.

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Learned counsel for the Petitioner at this juncture contended that being aggrieved by ex parte order dated 24.01.2023, whereby the learned trial court has granted maintenance, the Petitioner has

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Page 1 of 2.

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approached this Court by filing the present application. On a query put by the court, learned counsel for the Petitioner admitted that he has already paid some amount towards maintenance. However, learned counsel for the Petitioner submitted that the aforesaid order being an ex parte order has no validity as of now.

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Taking into consideration the submissions made by the learned counsel for the Petitioner, this Court grants opportunity to the Petitioner to move an application for learned trial court seeking variation of order dated 24.01.2023. In such eventuality, the learned trial court after providing an opportunity for hearing of both sides, shall pass an order in accordance with law within six weeks from the date the Petitioner appears before the learned trail court along with copy of today’s order.

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

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( A.K. Mohapatra ) Judge

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Rubi

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Page 2 of 2.

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 17-Nov-2025 11:24:13

Basanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

Parties & counsel

Coram

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