Bishikeshan Bhal vs State of Odisha - 2026 Supreme(Ori) 489

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ori) 489

IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Bishikeshan Bhal – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Petitioner: Mr. Niranjan Panda, Adv.
For the Opp. Parties : Mr. Amitabh Pradhan, ASC, Mr. Ambika Prasad Ray, Adv.

Table of Content
1. maintenance proceeding initiated under section 125 crpc. (Para 2)
2. arguments against maintenance based on alleged criminal conduct. (Para 3 , 4)
3. analysis of family court's reasoning on restoration of proceeding. (Para 5)
4. inherent powers of high court; limits on quashing under section 482 crpc. (Para 12 , 15 , 16)
5. ratio established regarding maintaining social justice in maintenance claims. (Para 13 , 14 , 17)
6. court's conclusion to dismiss the quashing petition. (Para 19 , 20 , 21)

JUDGMENT :

Sanjeeb K. Panigrahi, J.

1. In this Criminal Miscellaneous Petition, the petitioner seeks a direction from this Court to quash the maintenance proceeding in CRP No.133 of 2007 pending in the court of learned Judge, Family Court, Cuttack and to set aside all consequential orders, contending that continuation of the proceeding amounts to abuse of process in light of the wife’s alleged conduct and criminal conviction.

I. FACTUAL MATRIX OF THE CASE:

2. The facts of the case are as follows:

(i) The dispute arises out of CRP No. 133 of 2007 pending before the Learned Judge, Family Court, Cuttack, filed by the wife (Opp. Party No.2) under Section 125 CrPC seeking monthly mainte