The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2799 of 2025 Soumya Ranjan Balabantaray ..... State Of Odisha & Anr. -versus- ..... Petitioner Represented By Adv. - Sk. Kalim Uddin Opposite Parties Represented By Adv. - M/s Sangram Keshari Mishra, S.kaum, S.r.das
Legal Reasoning
CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 02.12.2025 This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as the learned Order No. 06. 1. 2. counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 of the Cr.P.C. which corresponds to Section 528 of the B.N.S.S., the Petitioner seeks to invoke inherent power of this Court to quash the entire criminal proceeding in G.R. Case No.578 of 2023 which arises out of Kumbharpada P.S. Case No.157 of 2023 and now pending in the file of learned S.D.J.M., Puri. The abovenoted G.R. Case No.578 of 2023 was registered on the basis of the F.I.R. lodged before the Kumbharpada P.S. on 24.07.2023 at the instance of the informant-Opposite Party No.2. In the First Information Report the informant has alleged that she was being harassed by the present Petitioner in the manner as has been narrated in the F.I.R. In Page 1 of 4. the F.I.R., it has also been alleged that petitioner is trying to keep a relationship with the informant for which the informant is not interested. It has been alleged that the Petitioner is harassing the Informant by constantly calling her on the phone and he has also been following the informant while she is out on the road. Although, initially such incident was not reported by the informant to her family members, finally upon being fed up by the constant harassment she has lodged the present F.I.R. On the basis of the allegation the F.I.R. has been registered for commission of an offence punishable under Sections 341, 294, 354, 354B, 506 of the I.P.C. and, at the moment, the investigation is going on. 4. Learned counsel for the Petitioner at the outset contended that the matter has been amicably settled with the intervention of the both families and the informant-Opposite Party No.2 does not want to proceed further in this case. In the aforesaid context, learned counsel for the petitioner referred to the compromise at Anenxure-3 and submitted before this Court that the informant side has agreed to withdraw the case and such consent to withdraw is without any undue influence on coercion. Such decision to withdraw the case is subject to the terms and condition as has been indicated in the compromise agreement at Annexure-3. On such ground, learned counsel for the Petitioner contended that the further continuance of the present proceeding would be against the larger interest of justice. As such, it was prayed that the entire criminal proceeding be quashed by taking into consideration the compromise arrived at between the parties. 5. Learned counsel for the Informant supported the contention raised by the learned counsel for the Petitioner, he also referred to Page 2 of 4. the compromise at Anenxure-3 and the joint affidavit filed by the Informant before this Court on 09.09.2025 which was sworn before the Oath Commissioner before this Court. On perusal of the joint affidavit filed by the Opposite Party No.2, it appears that the matter has been amicably resolved with the intervention of the well- wishers and local gentries. The Opposite Party No.2 has also categorically stated in the affidavit that she does not want to proceed further against the present Petitioner in the present criminal case and that she will have no objection if the entire criminal case is quashed. Accordingly, learned counsel for the informant contended that he will have no objection if the entire criminal proceeding is quashed against the present petitioner since the same would serve the ultimate ends of justice. 6. Learned counsel for the State, on instruction from the IIC of the concerned police station pursuant to the order passed by this Court, stated before this Court that the IIC verified the joint affidavit filed before this Court and found that the same is genuine. He further contended that the report of the IIC reveals that the matter has been settled and the parties are living peacefully in the locality. In such view of the matter, learned counsel for the State contended that taking into consideration the subsequent development he will have no objection in the event this Court passes any order which would be in the larger interest of justice. 7. Having regard to the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the background facts as well as the subsequent development and further keeping in view the compromise at Annexure-3 and the joint affidavit of the Parties, specifically the Page 3 of 4. Opposite Party No.2 wherein she has been categorically stated that she is no more interested to proceed further in this case, this Court is of the view that the matter has been amicably settled and that the parties are living peacefully in the locality. In view of such subsequent development, this Court is also of the considered view that any further continuance of the present proceeding would not serve the interest of justice. Moreover, since the informant does not support the case of the prosecution any more on the ground of compromise, the possibility of conviction is very bleak. Thus, in the event the case is allowed to go to trial it would amount to wastage of valuable judicial time. Keeping in view of the aforesaid fact, this Court is of the considered view that the present case is fit case where this Court should exercise its inherent power to curtail the criminal proceeding. Accordingly, the entire criminal proceeding against the present Petitioner in G.R. Case No.578 of 2023 arising out of Kumbharpada P.S. Case No.157 of 2023 is hereby quashed. 8. Accordingly, the CRLMC application stands allowed. Rubi ( A.K. Mohapatra ) Judge Page 4 of 4. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 04-Dec-2025 19:05:11