Orissa High Court
(1) Dr. Sangeeta Behera vs (1) State Of Odisha & .... Opp. Parties on 28 May, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2047 of 2024
(1) Dr. Sangeeta Behera .... Petitioner
Mr. Rajkishore
Sahoo,
Advocate
-versus-
(1) State of Odisha & .... Opp. Parties
another Mr. B.K.Ragada
AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 28.05.2024
02. 1. At the instance of the opposite party no.2, the
F.I.R. in Sarankul P.S. Case No.127 of 2023
corresponding to G.R. Case No.275 of 2023 for the
offences under Sections-448/ 353/ 332/ 294/ 323/
506/34 IPC r/w Section- 3(a) of the Medicare Service
Persons and Medicare Service Institutions
(Prevention of Violence and Damage of Property) Act,
Page 1 of 4
2008 came to be registered against the petitioner.
2. The parties have settled their dispute. A cross-
case was also filed by the opposite party no.2 against
the petitioner which was quashed vide order dated
21.05.2024 in CRLMC No.3601 of 2023. Relevant
would be to reproduce the said order:
"Heard.
2. At the instance of the opposite party no.2, the F.I.R., i.e.,
Sarankul P.S. Case No.128 of 2023 came to be registered against
the petitioner under Sections 294/323/354/506 of the IPC read
with Sections 3(1)(r)(s) & 3(2)(va) of the S.C. & S.T. (PoA) Act
pending in the Court of learned Additional Sessions Judge,
Nayagarh.
3. Learned counsel for the petitioner submits that investigation
in this case is going on and at this stage the parties have settled
their dispute. The petitioner and opposite party no.2 are
practicing Doctors and due to misunderstanding the F.I.R.
appears to have been registered against the petitioner by the
respondent.
4. The petitioner and opposite party no.2 are present in the
Court today along with their respective counsel and identified by
them. They have also filed their self attested copies of the
Aadhaar Cards to establish their identity, which are taken on
record.
5. The petitioner and opposite party no.2 have filed separate
affidavit dated 07.05.2024. In her affidavit, opposite party no.2
inter alia stating as under:
"2. I and the petitioner is doctor and posted at CHC,
Sarankul. Due to communication gap and
misunderstanding an unpleasant incident happened
for which the petitioner filed a complaint before
Sarankul Police Station which was registered as
Sarankul P.S. Case corresponding to T.R. No.182 of
2023 pending in the Court of ADJ, Nayagarh wherein
the petitioner is accused.
3. However, subsequently, we both realized our fault
and amicably decided to settle the matter among
ourselves and have settled the matter for all times to
come.
4. I have deiced not to proceed further in the case as
the matter has been settled within us and we honestly
repent for the unpleasant incident and same way the
petitioner also does not want to proceed further in
Sarankul P.S. Case No.127/2023. Hence the case
instituted by me vide Sarankul P.S. Case No.128/2023
may be quashed."
6. Mr. Ragada, learned counsel for the State submits that since
the parties have already settled their dispute, there is no legal
impediment to quash the F.I.R.
7. Taking into consideration the aforementioned facts, the
opposite party no.2 is not willing to proceed against the
petitioner. Therefore, the present petition is squarely covered by
the judgments of the Hon'ble 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, therefore, same deserves merit.
In the aforementioned circumstances subjecting the petitioner to
trial in the present case would be a futile excise.
8. Taking into consideration the aforementioned judgments, facts
of the case and submission made at bar, Sarankul P.S. Case
No.128 of 2023 corresponding to Special G.R. Case No.79 of
2023 pending in the Court of learned Additional Sessions Judge,
Nayagarh and the consequential proceedings arising therefrom
qua the petitioner are quashed.
9. The CRLMC is accordingly disposed of.
10. Learned counsel for the petitioner submits that another cross
case, i.e., Sarankul P.S. Case No.127 of 2023 has been filed by
the petitioner against the opposite party no.2. Therefore, he
wants to file a separate application for quashing of the said FIR
also.
11. Considering the aforementioned submission, if such an
application is filed, the same shall be listed on 23rd of May,
2024."
3. Pursuant to para-10 of the aforementioned order,
the present petition has been filed. In view of the fact
that the parties have settled their dispute, the matter
is disposed of at this stage.
4. The petitioner and the opposite party no.2 had
already appeared before this Court and made their
statements that they have already settled their
dispute which is reflecting in the order dated
21.05.2024. In view thereof, they are not present in
the Court today.
5. Both the petitioner and the opposite party are
practicing doctors and they are being represented by
their counsel.
6. Learned counsel for the parties pray that the
personal appearance of both the petitioner and the
opposite party may be exempted, in view of the fact
that, the parties have already settled their dispute.
7. The personal appearance of the petitioner and
the opposite party no.2 are exempted.
8. In terms of the settlement, the F.I.R. in Sarankul
P.S. Case No.127 of 2023 corresponding to G.R. Case
No.275 of 2023 pending in the Court of the learned
Nyayadhikari, Gram Nyayalaya, Odagaon and the
consequential proceedings arising therefrom are
quashed.
9. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Vacation Judge
Subhasis
Location: High Court of Orissa, Cuttack.
