The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2318 of 2025 1) Manguli Jena 2) Upendra Pradhan @ Bhaskar ..... 1) State of Odisha 2) Mamata Majhi -versus- ..... Petitioners Represented By Adv. – Mr. Jyotirmaya Sahoo Opposite Parties Represented By Adv. – Mr. C.M. Singh, ASC M/s. Satyabhama Seth, S.N.B. Ray (For O.P. No.2) CRLMC No.2322 of 2025 1) Prakash Kumar Majhi 2) Rakesh Chandra Pradhan ..... Petitioners Represented By Adv. – M/s. Satyabhama Seth, S.N.B. Ray 1) State of Odisha 2) Manguli Jena -versus- ..... Opposite Parties Represented By Adv. –
Legal Reasoning
Mr. C.M. Singh, ASC Mr. Jyotirmaya Sahoo for O.P. No.2 CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA `
Decision
ORDER 29.10.2025 Order No. 04. 1. These matters are taken up through Hybrid Arrangement (Virtual/ Physical Mode). Page 1 of 5. 2. Heard learned counsel for the Petitioners, learned counsel for the Informants and learned counsel for the State in both the cases. Perused the applications as well as the prayer made therein. 3. In CRLMC No.2318 of 2025, the accused-Petitioners, namely, Manguli Jena and Upendra Pradhan @ Bhaskar have approached this Court by filing this application under Section 482 of Cr.P.C. with a prayer to quash the criminal proceeding in Tangi P.S. Case No.637 of 2022, corresponding to G.R. Case No.603 of 2022, pending in the file of learned N.G.N.-cum-J.M.F.C., Tangi, which was registered for commission of the offences punishable under Sections 363/342/294/323/379/506/34 of I.P.C. In the present CRLMC, Mamata Majhi is the Informant. 4. Similarly, CRLMC No.2322 of 2025 has been filed by the accused-Petitioners, namely, Prakash Kumar Majhi and Rakesh Chandra Pradhan with a prayer to quash the entire criminal proceeding in Tangi P.S. Case No.237 of 2022, corresponding to G.R. Case No.249 of 2022 of the file of the learned N.G.N.-cum- J.M.F.C., Tangi. After commitment, the same has been reregistered as S.T. Case No.24 of 2023, pending in the file of the learned Additional Sessions Judge, Khordha. The said case was registered at the instance of the Informant-Manguli Jena, who happens to be the Petitioner No.1 in CRLMC No.2318 of 2025, for commission of offences punishable under Sections 341/294/307/34 of the I.P.C. 5. On a careful analysis of the F.I.Rs. in both the aforenoted cases, it appears that they are a case and counter case by both sides Page 2 of 5. pertaining to the very same offence. 6. Learned counsel for the Petitioner in CRLMC No.2322 of 2025 stated before this Court that the injury sustained by the injured in this case is simple in nature and that no case is made out under Section 323 of I.P.C. On such appearance for learned counsel for the Petitioners as well as learned counsel for the Informant in both the cases which are case and counter case stated before this Court that in the meantime the matter has been amicably settled with the intervention of well-wishers and friends of both sides. He further contended that due to a misunderstanding between the parties, the above noted cases were registered by the parties against each other. In course of argument, he also referred to the affidavit filed by the parties in both the cases indicating the fact that the matter has been amicable settled and that the Informants in both the cases are no more interested to pursue the criminal cases. 7. Mr. J. Sahoo, learned counsel for the Informant in CRLMC No.2322 of 2025 and Mr. S. Satyabhama Seth, learned counsel appearing for the Informant in CRLMC No.2318 of 2025 stated before this Court that the Opposite Party No.2-Informant in both the cases have filed specific affidavits indicating therein that the matter has been settled between the parties and the parties are living peacefully in the locality. They further contended that the Informants in both the cases do not want to proceed in the present case and that the Informants have no objection in the event the present criminal case is quashed by this Court in exercise of its inherent power under Section 482 of Cr.P.C. Page 3 of 5. 8. Learned counsel for the State, on the other hand, submitted that pursuant to order passed by this Court, he had taken instruction from the IIC of Tangi Police Station. Further, referring to the letter dated 28.10.2025 of the IIC of Tangi Police Station, learned counsel for the State contended that a report has been received from the IIC of Tangi Police Station wherein it has been stated that in both the P.S. cases, i.e. Tangi P.S. Case No.637 dated 29.10.2022 and Tangi P.S. Case No.237 dated 16.05.2022 have ended in compromise and that the aforesaid fact is correct and that the affidavits filed before this Court by the Informants are swearing affidavit. In such view of the matter, learned counsel for the State submitted that since the matter has been compromised between the parties and that Informant does not want to proceed further in the present cases, they will have no objection in the event this Court passes an appropriate order keeping in view the facts and circumstances of the present case. 9. Having regard to the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts and further taking submissions made by the learned counsels appearing for the Informant in both the cases, as well as the affidavits filed before this Court by the Opposite Party No.2-Informant in both the cases, and further taking into consideration the fact that the injury sustained by the injured is simple in nature and, as such, no case under Section 323 of I.P.C. is made out and finally keeping in view the report of the IIC of Tangi P.S., this Court found that the matter has already been compromised between the two sides and Page 4 of 5. that they are living peacefully in the locality. Since the injury sustained by the injured in CRLMC No.2322 of 2025 is simple in nature, no case under Section 307 of I.P.C is made. So far the other offences are concerned, they are not serious in nature. In view of the aforesaid position, this Court is of the view that the present cases fall within the exception of rarest of rare case where this Court can exercise its inherent power to quash the entire criminal proceeding to preserve the peace and tranquility between the parties in the locality and save valuable time of the trial court. 10. Accordingly, both the Criminal Miscellaneous Case are allowed and the entire criminal proceeding launched against the Petitioners vide G.R. Case No.603 of 2022, arising out of Tangi P.S. Case No.637 of 2022, pending in the file of learned N.G.N.- cum-J.M.F.C., Tangi, as well as, S.T. Case No.24 of 2023, arising out of Tangi P.S. Case No.237 of 2022, corresponding to G.R. Case No.249 of 2022, pending in the court of learned Additional Sessions Judge, Khordha, are hereby quashed, so far as the present Petitioners are concerned. The court in seisin over the matter shall, on receipt of this order/production of the certified copy of this order, close the proceedings in the aforesaid cases in compliance of this order. Issue urgent certified copy of this order as per Rules. Signature Not Verified Debasis Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 03-Nov-2025 15:17:08 ( A.K. Mohapatra ) Judge Page 5 of 5.