The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4885 of 2024 Kurikana Chenaya @ K.Chenayya & others 1. State Of Odisha 2. Kurikana Dileshu @ K.Dilesh ..... Petitioners Represented By Adv. – Susanta Kumar Jethy -versus- ..... Opp.Parties Represented By Adv. – Mr.Chiranjaya Mohanty, ASC. Mr.P.K.Panda,Advocate for OP No.2 CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.07.2025 Order No. 07. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Legal Reasoning
2. Heard Mr.S.K.Jethi, learned counsel for the Petitioners as well as learned counsel for the State and Mr.P.K.Panda, learned counsel appearing for informant-Opposite Party No.2. Perused the CRLMC Application and the documents placed on record for consideration of this Court. 3. The present application has been filed by the accused- Petitioners under section 482 Cr.P.C. thereby seeking to invoke the inherent power of this Court to quash the criminal proceeding in G.R.Case No.375 of 2023 corresponding to Jarada P.S.Case No.242 of 2023 pending in the file of the Page 1 of 5. learned J.M.F.C., Patrapur. 4. The Prosecution story, in brief, is that on 19.07.2023 the informant (Opposite Party No.2) lodged a report before the I.I.C., Jarada P.S. inter alia alleging that on 18.07.2023 at about 9 P.M. the informant along with K.Sundar Rao (injured) and another person were returning to their village. At that time, near Stone quarry, some of the co-villagers led by K.Cheneya and others assaulted the informant and the injured by means of a deadly weapons. As a result of which the injured K.Sundar Rao sustained injuries. The informant (Opposite Party No.2) saw the entire incident by hiding behind a bush. While the assault was on, some of the co-villagers arrived at the spot and on seeing them, the accused persons fled away from the spot. Thereafter, the informant lodged the F.I.R. and the injured was shifted to the hospital for treatment. 5. Learned counsel for the Petitioners at the outset contended that there exists a political rivalry between the two groups of the village. The accused persons belong to one group and the informant and others belong to different rival political group. There exists a political rivalry among the two groups of the villagers, which led to hostility amongst the groups. He further submitted that the narration of the incident has been exaggerated in the written F.I.R. due to previous political enmity. He further contended that the injured K.Sundar Rao is hale and hearty and he was discharged from hospital after his preliminary treatment. 6. Learned counsel for the Petitioners further contended that although the incident occurred in the year 2023, however, in the meantime due to the intervention of the local gentries, co- villagers and well-wishers of both sides have agreed to resolve Page 2 of 5. the dispute amicably and to live peacefully in the village. As a result of the aforesaid amicable settlement among both sides, both groups have decided to withdraw the cases and not to pursue the same. 7. Mr.P.K.Panda, learned counsel appearing for the informant- Opposite Party No.2 supported the submissions made by Mr.Jethi, learned counsel for the Petitioners. In course of his argument, Mr.Panda, learned counsel for Opposite Party No.2 referred to the affidavit submitted by K.Sundar Rao. On perusal of such Affidavit, it appears that the informant has admitted about the political rivalry between the two groups and he had also admitted about the scuffle that took place between the two groups on 18.07.2023. The Affidavit filed by the injured further reveals that although he has sustained some injuries, he was admitted at P.H.C. Patrapur and thereafter at M.K.C.G. Medical College & Hospital, Berhampur. After his recovery, he was discharged from the hospital and that now he is leading a normal life. He has also admitted about the meeting that had taken place in the village temple and that the dispute between the two groups have been amicably resolved and that both the groups have decided to live peacefully in the village leaving behind the rivalry/misunderstanding. Finally, the injured has stated in his Affidavit that he has no objection in the event the criminal proceeding is quashed. 8. Learned State counsel on the other hand objected to the prayer for quashing of the criminal proceeding on the ground that the same has been settled on compromise between both the groups. He further submitted that some of the alleged offences are not compoundable in nature. Learned State counsel further Page 3 of 5. contended that the closure of the criminal proceeding by quashing the F.I.R. on the basis of the compromise should not be in the larger interest of justice. Although learned State Counsel did not dispute the fact that the matter has been amicably settled between the two groups of villagers and that the injured has filed an Affidavit before this Court expressing his desire not to proceed further in the present case. 9. Having heard learned counsels appearing for the respective parties, on a careful analysis of their submissions, further taking into consideration the subsequent development in the present case and keeping in view the fact that dispute has been amicably settled between the two groups and the parties are living peacefully in the village coupled with the fact that the injured is hale and hearty and he has filed an Affidavit in this case expressing his desire not to proceed further in view of the amicable settlement of the dispute, this Court is of the view that the greater interest of justice can be best served by putting an end to the litigation between two groups of the villagers. Moreover, the further continuance of the criminal proceeding between the two groups would lead to a scenario where the dispute between the two groups will continue to run and eventually the same may give rise to commission of crime due to previous political enmity. Since the dispute has been amicably resolved between the two groups and they have decided to live peacefully in the locality and that the injured is hale and hearty and no more interested to pursue the criminal proceeding, this Court is of the considered view that the termination of the criminal proceeding would serve the interest of justice. Otherwise also when the material witnesses are no more interested in the Page 4 of 5. case of the prosecution, further continuance of the trial would be a futile exercise and the same would lead to wastage of valuable judicial time of the trial court. 10. In view of the aforesaid analysis of the factual background and further keeping in view the exceptional facts and circumstances of the present case, which has led the villagers to leave aside their dispute/differences and to continue to live peacefully in the locality, which should be encouraged by this court keeping in view the larger interest of society, this Court deems it proper to quash the criminal proceeding in G.R.Case No.375 of 2023 corresponding to Jarada P.S.Case No.242 of 2023 pending in the Court of the learned J.M.F.C., Patrapur and as such, the same is quashed. 11. Accordingly, the CRLMC Application sands allowed. RKS ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2025 18:09:37