The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2714 of 2024 Preetam Naik …. Petitioner(s) Mr. A.K. Raut, Advocate -versus- State of Odisha and another …. Opposite Party(s)
Legal Reasoning
Ms. S. Moharana, ASC Mr. R.N. Parija, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 03. 1. 2.
Decision
ORDER 03.04.2025 Heard. At the instance of the opposite party No.2, the F.I.R. in Brajarajnagar P.S. Case No. 145 of 2023 came to be registered against the petitioner corresponding to C.T. Case No. 521 of 2023, pending in the court of the learned JMFC-1 (Cog. Taking), Jharsuguda. 3. The allegation against the petitioner is that the informant lodged the FIR alleging therein that she had love affairs with the present petitioner since last six months. It is alleged that on 08.06.2023 the petitioner giving her false assurance to marry has Page 1 of 6 been keeping physical relationship with her and threatened her not to disclosed before anyone. It is also alleged that the accused petitioner is going to marriage on 11.06.2023 to another girl. Hence, the FIR. 4. After investigation, charge sheet in the present case has been filed on 02.04.2024 and subsequent thereto on 18.04.2024, cognizance of offence punishable under Sections 417/493/506 IPC has been taken against the petitioner. Before the trial is commenced, 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. 5. The petitioner 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 opposite party no.2 has filed an affidavit dated 25.02.2025 sworn before the Oath Commissioner, Jharsuguda inter alia stating as under:- “2. That, deponent is the complainant and victim in CT Case No. 521/2023 corresponding to Brajrajnagar PS Case No. 145 dt.10.06.2023 U/s. 417/493/506 IPC which is pending in the court of Hon'ble J.M.F.C. (Cog-Taking), Jharsuguda. Page 2 of 6 3. That, on the basis of written report of deponent, the IIC, Brajrajnagar P.S. registered a case against the accused person Preetam Naik (31 yrs) S/o- Bimal Naik R/o. Vill- Loisingh, PS-Brajrajnagar, Dist.Jharsuguda ( Odisha). 4. That, due to some misunderstanding and out of misconception, misinterpretation, the deponent, has lodged a case against accused Preetam Naik (31 yrs) S/o- Bimal Naik R/o. Vill-Loisingh, Brajrajnagar, Dist.Jharsuguda. 5. That, after knowing the mistake and consequence of the case, the deponent wants to settled the matter with the accused outside of court and she does not want to proceed with the case further and also she has no objection, if the case will be quashed by the hon'ble court. 6. That, the deponent/victim has not sustained any type of injury on her person and the accused person have never sexually assault her at any point of time. 7. That, the deponent / victim will appear before the Hon'ble Court without any pressure and wants to compromise the case and have got no further objection in this matter in any manner. 8. That, the deponent / victim swearing this affidavit without any pressure, coerce as a token of evidence to produce the same before Ld. Court regarding the above facts and our amicably settlement and regarding willingness of quashing of above said case.” Petitioner and opposite party no.2 have also filed a joint affidavit dated 03.04.2025 inter alia stating as under:- “2. That the SECOND PARTY is the informant in Brajarannagar P.S. Case No.145/2023, corresponding to C.T. Case No.521/2023, pending in the court of learned JMFC-1 the alleged commission of offence under Section-417/493/506 of IPC and deponent of the affidavit. (Cog.Taking), Jharsuguda in Page 3 of 6 3. That due to some misunderstand and misconception, the Second Party/informant lodged this case against the petitioner. As both the parties are belonging to same village and taking into consideration, the future of both the parties, the well-wisher, village gentries and other nearer and dearer intervened in the matter and after intervention both the parties agreed not to proceed with the case any further. 4. That after compromise, good cordial and healthy relationship is prevailing between the parties. After compromise there is no chance of any quarrel by and between the parties. 5. That both the parties are swearing this affidavit out of their free and sweet will and without any threat, coercion, influence, promise and pressure. in view of compromise 6. That the SECOND PARTY/Informant does not like to proceed further in Brajaranagar P.S. Case No.145/2023, corresponding to C.T. Case No. 521/2023, pending in the court of learned JMFC-1 (Cog. Taking), Jharsuguda against the petitioner. 7. That this affidavit is made to produce before the Hon’ble High Court for quashing of the entire criminal proceeding initiated against the petitioner. 8. That both the parties have produced their respective xerox copy of Adhar Card before their counsels. Copies of which are self-attested by the parties and counter attested by their respective counsels. Attested copies of Adhar cards are annexed herewith as Annexure-3 series.” 6. Opposite party no.2, who is present in Court, on query from the Court submits that she want to settle in her life, pendency of the case has created stigma against her in the society, therefore she wants to put the entire thing to quietus and she does not want to Page 4 of 6 prosecute the petitioner any more. She joins with the petitioner praying for quashing of the criminal prosecution lodged by her against the petitioner so that she can lead her life independently. The circumstance victim girl has to face due to the impugned act of the petitioner needs to be duly compensated. Ld. Counsel for the petitioner on instruction from his client, who is present in the court submits that the petitioner shall abide by any direction of this court to pay the cost. 7. Ms. Moharana, learned counsel for the State submits that 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. 8. Regard being had to the allegation made by the opposite party no.2 against the petitioner and the fact that they have settled the dispute and filed affidavits before this Court, I am inclined to allow the present petition. Further, continuation of the present proceeding will not enure to the benefit to either parties and, therefore, in these circumstances subjecting the petitioner to rigors of the trial is destined to be futile exercise. The case of the petitioner is directly covered by the judgment of the Hon’ble Page 5 of 6 Supreme Court in the cases of Gian 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. 9. Accordingly, the criminal proceeding in connection with Brajarajnagar P.S. Case No. 145 of 2023 corresponding to C.T. Case No. 521 of 2023, pending in the court of the learned JMFC-1 (Cog. Taking), Jharsuguda is quashed, subject to the petitioner paying cost of Rs.50,000/- (Rupees fifty thousand) to the victim/informant within 15 days hence and furnish receipt thereof before this Court. 10. 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: 03-Apr-2025 19:53:59 Page 6 of 6