The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1275 of 2025 Amari @ Amaresh Sahu & Anr. …. Petitioner(s) Mr. M.K. Sahu, Advocate -versus- State of Odisha and another …. Opposite Party(s)
Legal Reasoning
Mr. S.J. Mohanty, ASC Mr. S.K. Dash, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 01. 1. 2.
Decision
ORDER 04.04.2025 Heard. Learned counsel for the petitioners filed consolidated cause title of the petition in Court today, which is taken on record. 3. At the instance of the opposite party No.2, the F.I.R. in Kundheigola P.S. Case No. 307 dated 27.10.2023 came to be registered against the petitioners corresponding to S.T. Case No. 22/2025 (arising out of Kundheigola P.S. Case No.307 dated 27.10.2023 and C.T. Case No.619/2023 of JMFC, Reamal) pending in the court of the learned District Judge, Deogarh. Page 1 of 6 4. The allegation against the petitioner is that on 26.10.2023 at about 2.00 P.M. the informant and his family members were taking rest after launch. They heard a quarrel of some people outside of their gate. The accused came towards the informant and abusing in filthy languages and assaulted on his head by a stone with an intention to kill. Then the informant fell down, as a result of bleeding injury in his right side ear and head. Thereafter, the accused fled away from the spot. Again the accused and his mother forcibly entered into the house of the informant and assaulted and pressed neck of the wife of the informant and tried to kill her. The neighbours came to the house of the informant and got them rescued. After that the accused and his mother fled away from the spot. Hence, the FIR. 5. After investigation, charge sheet in the present case has been filed on 20.12.2023 against the petitioners for the alleged commission of offence punishable under Sections 341/294/336/323/427/452/354/ 506/34/ 307 of IPC. The trial court vide order dated 22.12.2023 has taken cognizance of offences as mentioned above. Before the charge is frame and trial commence, the parties have entered into a settlement and on the basis of the settlement terms, the present petition has been filed seeking quashing of the entire criminal prosecution. Page 2 of 6 6. The petitioners no.1 and 2 and opposite party no.2 the informant are present in Court and being represented and identified by their respective counsels. They have also filed self-attested copies of their Aadhaar Cards to establish their identity, which are taken on record. The parties have a joint affidavit dated 04.04.2025 inter alia stating as under:- “1. That, the informant (Opp. Party no.2) had lodged the FIR against the petitioners which has been registered as Kundheigola P.S. Case No. 307 dated 27.10.2023, corresponding to S.T. Case No. 22 of 2025 (Arising out of C.T. Case No. 619 of 2023 of JMFC, Reamal) pending before the Court of the learned District Judge, Deogarh, for an offence under Section 341, 294, 336, 323, 427, 452, 354, 307, 506 and 34 of the IPC. 2. That, after completion of investigation the investigating officer submitted the charge sheet under section 341, 294, 336, 323, 427, 452, 354, 307, 506 and 34 of the IPC against the accused petitioners to face their trial in the court of law. 3. That, after submission of charge sheet the learned JMFC, Reamal vide its order dated 22.12.2023 took cognizance of the aforesaid offences against the accused petitioners and transferred/committed the case to the court of the learned District Judge, Deogarh and the above mentioned C.T. Case No. 619 of 2023 has been registered as S.T. Case No. 22 of 2025 in the court of the learned District Judge, Deogarh and is pending against them for trial. 4. That, during pendency of the case due to the intervention of the gentries and well-wishers we both the parties have amicably compromised/settled the matter amongst us. 5. That, we both the parties have resolved the entire dispute amongst us and have effected a genuine compromise without there being any pressure, coercion or undue influence from any quarters. Page 3 of 6 6. That, the dispute between us is put to an end and peace and cordial relationship has been restored amongst us. 7. That, in view of the amicable resolution of the disputes/issues amongst us, no useful purpose would be served by continuation of the proceedings and is likely to be a waste of judicial time as such further continuation of the proceeding would be of no result, otherwise it would be harassment for us, hence further proceeding is liable to be quashed. 8. That, further continuation of the proceeding would be abuse of process of law and would disharmonize the cordial relationship and will cause a permanent rift amongst us, hence for interest of justice to prevent the abuse of the process of court and to secure the ends of justice and for interest of us the entire proceeding of S.T. Case No. 22 of 2025 (Arising out of Kundeigola P.S. Case No. 307 dated 27.10.2023 and C.T. Case No. 619 of 2023 of JMFC, Reamal) pending before the Court of the learned District Judge, Deogarh be quashed. 9. That, unless the entire proceeding of the case be quashed we shall be highly prejudiced. 10. That, we both the parties swear this affidavit without any coercion, undue, influence and being pressurized by anybody to file it before this Hon’ble Court to pass appropriate order for the interest of justice and convenience of us.” 7. The opposite party no.2, who is the informant and the injured is present in Court, on query from the Court submits that the petitioners are the co-villagers and due to quarrel and provocation, he had filed the case. He although sustained injury in his ear, but the same is not much serious. He submits that on the intervention of Page 4 of 6 village gentries, he has settled the dispute and does not want to prosecute the petitioners any more. 8. Mr. Mohanty, learned counsel for the State submits that the allegations are not much serious and since the parties have settled the dispute and file affidavit before this Court and the trial has not yet been commenced, there is no legal impediment to quash the proceeding. 9. I have perused the charge sheet and allegations made by opposite party no.2 against the petitioners and also perused the injury report. The petitioners had not used any weapon to assault the opposite party no.2, rather the petitioners allegedly assaulted the opposite party no.2 by a stone which caused injury to the opposite party no.2. The petitioners and opposite party no.2 belongs to the same village. Therefore, subjecting the petitioners to the rigors of trial will not enure to the benefit to either parties, rather it will create hostility. So as to maintain peace and tranquility in the locality, it would be expedient to quash the proceeding. Moreover, since the opposite party no.2 has filed affidavit before this Court, even if the petitioners are subjected to rigors of trial, there is bleak chance of conviction. Hence, the case of the petitioners are directly covered by the judgment of the Hon’ble Supreme Court in the cases of Gian Page 5 of 6 Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675. 10. Accordingly, the criminal proceeding in connection with Kundheigola P.S. Case No. 307 dated 27.10.2023 corresponding to S.T. Case No. 22/2025 (arising out of Kundheigola P.S. Case No.307 dated 27.10.2023 and C.T. Case No.619/2023 of JMFC, Reamal), pending in the court of the learned District Judge, Deogarh is quashed, subject to the petitioners paying cost of Rs.2, 500/- (Rupees two thousand five hundred) each to the opposite party no.2 within 15 days hence and furnish receipt thereof before this Court. 11. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 05-Apr-2025 15:03:08 Page 6 of 6