The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2056 of 2025 Solman Lima and others ..... State Of Odisha and another -versus- ..... Petitioners Represented By Adv. - Satya Shiva Dash Opposite Parties Represented By Adv. - Mr. Ashok Kumar Behera 3 Mr. C.M. Singh, ASC CRLMC No.1368 of 2025 Subit Kumar Nayak and others ..... Petitioners State Of Odisha and another -versus- ..... Represented By Adv. – S.K. Nayak
Legal Reasoning
Opposite Parties Represented By Adv. - Mr. S.S. Dash Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 09.09.2025 Order No. 04. 1. 2. These matters are taken up through Hybrid mode. Both the Criminal Misc. Cases have been filed by the accused- Petitioners for quashing of the respective criminal proceedings by invoking the inherent power of this Court under Section 528 of Page 1 of 5. BNSS on the ground that the dispute has been amicably resolved between both sides. 3. The CRLMC No.2056 of 2025 was registered on the basis of the Mohana P.S. Case No.197 of 2024 dated 17.10.2024 at the instance of the Opposite Party No.2, namely Subit Kumar Nayak alleging commission of an offence punishable under Sections 126(2), 115(2), 74, 75(3), 117(3), 351(3), 3(5) of BNS on the basis of the aforesaid FIR a G.R. Case bearing No.295 of 2024 has been registered and the same is now pending before the learned J.M.F.C., Mohana. 4. Similarly, the CRLMC No.1368 of 2025 arises out of Mohana P.S. Case No.199 of 2024 dated 18.10.2024 initiated at the instance of Opposite Party No.2, namely Nihil Lima, alleging commission of an offence punishable under Sections 115(2), 126(2), 351(3), 3(5) of BNS. Consequentially, G.R. Case No.296 of 2024 has been registered on the basis of the aforesaid P.S. case and the same is now pending before the learned J.M.F.C., Mohana. 5. On perusal of the record of both the CRLMC applications, it appears that they are basically case and counter case between two groups of persons residing in the same locality. The FIR allegation in both the cases reveal that there exists a land dispute between both sides, as a result of which a scuffle took place with regard to the possession over the said land. Subsequently, both sides have filed case and counter case as has been indicated in the preceding paragraphs. It is also a fact that both the matters are pending before the learned J.M.F.C., Mohana. 6. Further, it appears that the CRLMC No.2056 of 2025 has been Page 2 of 5. filed by one of the accused in CRLMC No.1368 of 2025. Similarly, CRLMC No.1368 of 2025 has been filed by the Informant in CRLMC No.2056 of 2025. In both the applications the accused persons have prayed for quashing of the criminal proceeding arising out of Mohana P.S. Case Nos.197 & 199 of 2024. Learned counsels appearing from both sides at the outset contended that the matter has been amicably resolved on compromise and that the parties are now living peacefully in the locality. Furthermore, learned counsels appearing from both sides also contended that the Informant- Opposite Parties in both the cases have no objection in the event the entire criminal proceeding is quashed and the CRLMC applications are allowed. 7. Learned counsels for the Informant in both the aforementioned cases specifically contended that they have no objection in the event the entire criminal proceeding is quashed and the present applications are allowed as the matter has already been compromised between both sides and that the offences alleged are trivial in nature. It was specifically argued that the alleged offences are not a crime against the society, therefore, there is no bar in quashing the entire proceeding on the ground that the same has been compromised. It was also argued by the counsels appearing from both sides that it would be in the larger interest of justice that the criminal proceedings are quashed, otherwise the parties would be unnecessarily harassed in the event they face the trial. The same would also eventually cause huge wastage of valuable judicial time. 8. Learned counsel for the State on the other hand, on instruction from the IIC Mohana P.S. vide letter dated 04.08.2025, submitted that the IIC, upon getting instruction, physically enquired at the Page 3 of 5. locality. It has also been stated that a case and counter case have been registered at the instance of both sides with regard to the self- same offence. It has also been specifically stated in the instruction of the IIC Mohana P.S. that the parties have settled their dispute amicably and they have filed compromise petition before this Court on 21.07.2025. 9. On perusal of the record, it appears that the parties have also filed a joint affidavit before this Court expressing their desire not to proceed in the present criminal matter. It has been specifically stated in the said affidavit that the matter has been amicably resolved and that the parties are residing peacefully in the locality. On the basis of the aforesaid affidavit, this Court had directed the learned counsel for the State to obtain instruction from the IIC of the concerned Police Station with regard to the genuineness of the affidavit filed by the parties. Learned counsel for the State at this stage contended that on perusal of the record as well as on the instruction provided by the IIC Mohana P.S., it appears that the parties have settled their dispute amicably and that the dispute has been compromised. It was also contended that the offences alleged are not a crime against the society. In view of the aforesaid position, learned counsel for the State contended that he will have no objection in the event this Court passes any appropriate order keeping in view the aforesaid fact as well as the subsequent instruction provided by the IIC Mohana P.S. 10. With regard to the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking into consideration the specific submission made by the learned counsels appearing for the Opposite Parties-Informants in both the cases, as well as the affidavit filed by Page 4 of 5. such Opposite Parties, further taking note of the instruction provided by the IIC Mohana P.S. pursuant to the direction of this Court vide his letter dated 04.08.2025, this Court is of the view that there is no dispute that the matter has been amicably resolved on compromise and that the affidavits filed before this Court at the instance of the Opposite Parties-Informants are genuine affidavits. Taking into consideration the entirety of the allegation and considering the nature and gravity of such allegation, this Court is of the considered view that the same in no way construes a crime against the society. Therefore, this Court is of the view that the present case is a fit case to exercise its inherent power to quash the entire criminal proceeding and that the same would be in the larger interest of justice. Accordingly, the criminal proceedings arising out of Mohana P.S. Case Nos.197 & 199 of 2024 and the corresponding G.R. Case Nos.295 & 296 of 2024 are hereby quashed. 11. With the aforesaid observation/direction, the CRLMC applications are allowed. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2025 18:12:23 Page 5 of 5.