The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4871 of 2024 Kurikana Dileshu @ K.Dilesh & others ..... Petitioners 1. State Of Odisha 2. Kurikana Laxmi -versus- ..... Represented By Adv. – Prasanta Ku. Panda Opp.Parties Represented By Adv. – Mr.Chiranjaya Mohanty, ASC Mr.Susanta Ku. Jethy, 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.P.K.Panda, learned counsel for the Petitioners as well as learned counsel for the State and Mr.S.K.Jethy, 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.39 of 2022 corresponding to Jarada P.S.Case No.27 of 2022 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 20.01.2022 the informant (Opposite Party No.2) lodged a report before the I.I.C., Jarada P.S. inter alia alleging that on 20.01.2022 at about 3 P.M. one P.Nokeya, K.Koteshu and K.Sriba had been to witness nomination and while returning from Khambarigaon the Petitioners unitedly in a preplanned manner near a banyan tree being armed with deadly weapons attacked the abovenamed persons. It is also alleged in the F.I.R. that P.Nokeya in order to save his life while running on the road the accused persons assaulted him, as a result he became seriously injured. It was also alleged in the F.I.R. that due to the assault by the Petitioners, K.Bhima Rao, K.Sriba and K.Koteshu also became seriously injured. It is also alleged that the Petitioners have also destroyed the motorcycle of P.Nokeya. The injured persons were first shifted to the hospital at Patrapur and thereafter to Berhampur. Thereafter, the informant lodged the present F.I.R. before the Jarada P.S. 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 political rival 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 persons are hale and hearty and they were discharged from hospital after their treatment. 6. Learned counsel for the Petitioners further contended that Page 2 of 5. although the incident occurred in the year 2022, however, in the meantime due to the intervention of the local gentries, co- villagers and well-wishers of both sides have agreed to resolve 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.S.K.Jethy, learned counsel appearing for the informant- Opposite Party no.2 supported the submissions made by Mr.Panda, learned counsel for the Petitioners. In course of his argument, Mr.Jethy, learned counsel for Opposite Party no.2 referred to the agreement under Annexure-2 executed between the parties. On perusal of such agreement, it appears that both parties have admitted about the political rivalry between the two groups and they had also admitted about the scuffle that took place between the two groups on 20.01.2022. The Agreement filed by the injured further reveals that although the injured have sustained some injuries, they were admitted at P.H.C. Patrapur and thereafter at M.K.C.G. Medical College & Hospital, Berhampur. After their recovery, they were discharged from the hospital and that now they are leading a normal life. They have 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 persons have stated in the Agreement that they have no objection in the event the criminal proceeding is quashed. 8. Learned Additional Standing Counsel for the State on the Page 3 of 5. 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 Additional Standing Counsel for the State further 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 Additional Standing Counsel did not dispute the fact that the matter has been amicably settled between the two groups of villagers and that the injured persons have agreed in the agreement expressing their 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 persons are hale and hearty and they have filed an Agreement in this case expressing their 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 have decided to Page 4 of 5. live peacefully in the locality and that the injured persons are 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 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.39 of 2022 corresponding to Jarada P.S.Case No.27 of 2022 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