Orissa High Court
Laxmikanta Puhan & Others vs State Of Odisha & Another .... Opp. ... on 4 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3502 of 2024
Laxmikanta Puhan & others .... Petitioners
Mr. Gopal
Krishna Nayak,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mrs. Sasmita
Nayak ASC and
Mr. Susanta
Kumar
Tripathy,
Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 04.11.2024
02.
1.
Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
connection with Aul P.S. Case No.83 of 2019
corresponding to T.R. Case No.44 of 2019 came to be
registered against the petitioners for the offences
punishable under Sections 341/323/294/325/506/34 of
the IPC read with Section 3(1)(r)(s) 2(va) of the SC and ST
(PoA) Act, 1989 pending in the Court of learned Special
Judge-cum-Sessions Judge, Kendrapara.
3. The allegation against the petitioners is that, on
14.05.2019, the complainant presented a written report at
Aul P.S. alleging that, on 26.04.2019, when the son of the
complainant was going for the marriage procession at
about 8 P.M., he reached at Argala Sasan High School
gate. At that time, the higher cast people, who were sitting
there passed some comments, for which there was a
dispute and the accused persons abused them in obscene
languages and assaulted them. Hence, the F.I.R.
4. The investigation of the present case is complete. After
the investigation, the charge sheet has been filed in the
present case. Pursuant thereto, the learned trial court,
vide order dated 02.09.2022 has taken cognizance of the
offences punishable under Sections-341/ 323/ 294/ 325/
506/34 of the IPC read with Sections-3(1)(r)3(1)(s)3(2)(va)
of the SC & ST (PoA) Act against the accused persons.
5. When the matter stood thus, the parties have settled
their dispute. All the accused persons are present in the
Court today. They are being represented by their respective
counsels and being identified by them. They have also filed
the photocopies of their self-attested Aadhaar cards to
establish their identity, which are taken on record. The
complainant is also present in person in the Court today.
He is represented by his counsel. He has also filed the
photocopy of his self-attested Aadhaar card to establish his
identity, which is taken on record. On query from the
Court, the complainant submits that, the petitioners are
their co-villagers and due to misunderstanding, he has
filed the present case. However, due to the intervention of
the well-wishers and village gentries, they have settled
their dispute.
6. The petitioner No.5 and the opposite party No.2 have
filed the joint affidavit, inter alia, stating as under:-
"2. That, the Opp. Party No.2 in the aforesaid Criminal
Misc. Case, being the informant lodged a written
complaint before the I.I.C., Aul Police Station against the
present petitioners, which was registered as Aul P.S.
Case No.83 of 2019, corresponding to T.R. Case No.44
of 2019, U/s. 341/323/294/325/506/34 of IPC read
with Section 3(1)(r)(s)2(va), which is pending in the court
of learned Special Judge-cum-Sessions Judge,
Kendrapara.
3. That, during the pendency of the above noted T.R.
Case, the dispute between the Opp. Party No.2 and the
Petitioners/Accused persons has been amicably settled
out of the Court, with the intervention of the local
gentries and well-wishers.
4. That, in view of such amicable settlement, the Opp.
Party No.2/Informant does not want to proceed the
aforesaid criminal case further as against the present
petitioners.
5. That, the Opp. Party No.2/Informant has no objection,
if the criminal proceeding/F.I.R. made against the
present petitioners may be quashed by this Hon'ble
Court in the above Criminal Miscellaneous Application.
6. That, the petitioners and the Opp. Party No.2/
informant jointly swears this Affidavit before this
Hon'ble Court without any threat and coercion from any
corner.
7. That at present the petitioners and Opp. Party No.2
are living peacefully in the local area so continuance of
criminal proceeding there is bleak chance of conviction.
Therefore in the interest of justice the criminal
proceeding may kindly be quashed by this Hon'ble
Court in view of compromise arrives among the parties."
7. Learned counsel for the petitioners submits that, in so
far as the other accused persons are concerned, although
they have not filed their affidavit, however, they undertake
to file separate affidavit before this Court during the course
of the day.
8. Mrs. Nayak, learned Additional Standing Counsel for
the State submits that, keeping in view the nature of
allegations against the petitioners and the fact that, the
parties have settled their dispute, there is no legal
impediment in quashing the criminal proceeding against
the petitioners.
9. Regard being had to the submissions made at the Bar
and the fact that the parties have settled their dispute,
subjecting the petitioners to trial would be a futile exercise.
The facts of the present case is squarely covered by the
Judgments of the Hon'ble Supreme Court in the cases of
Gian Singh v. State of Punjab and another, reported in
2012 (10) SCC 303; B.S. Joshi & others v. State of
Haryana & another, reported in (2003) 4 SCC 675 and
MadhavraoJi Wajirao Scindia & another v.
Sambhajirao ChandrojiraoAngre and others, reported
in AIR 1988 SC 709 therefore, the petition deserves merit.
10. Taking into consideration the aforementioned
judgments, facts of the case and submission made at the
bar, the Aul P.S. Case No.83 of 2019 corresponding to T.R.
Case No.44 of 2019 pending in the Court of learned
Special Judge-cum-Sessions Judge, Kendrapara and the
consequential proceedings arising therefrom qua the
petitioners are quashed, subject to the petitioners
depositing cost of Rs.1,000/- (Rupees one thousand) each.
Out of the said cost of Rs.10,000/- to be deposited by the
petitioners, Rs.5,000/- (Rupees five thousand) shall be
deposited with the Orissa High Court Bar Association and
the remaining Rs.5,000/- (Rupees five thousand) shall be
paid to the informant/injured.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Location: High Court of Orissa, Cuttack.
