Orissa High Court
Sushree Sangita Pattnaik & vs State Of Odisha & Another .... Opp. ... on 6 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3735 of 2024
Sushree Sangita Pattnaik & .... Petitioners
others Mr. Ratikanta
Mohapatra,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.Siba
Narayan
Biswal, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 06.11.2024
01.
1.
Heard.
2. At the instance of the opposite party No.2, the F.I.R.
in connection with Ranpur P.S. Case No.182 of 2024
corresponding to G.R. Case No.262 of 2024 came to be
registered against the petitioners for the offences
punishable under Sections 341/ 294/ 457/ 323/ 354/
427/379/506/34 of the IPC pending in the Court of
learned J.M.F.C., Ranpur.
3. Against the petitioners the complainant alleged that,
on 16.05.2024, she had a dispute with her maternal
brother (the petitioner No.2). On 15.05.2024, the
petitioner No.2, his wife and the petitioner No.1 forcibly
entered into her house and abused her in filthy language.
They assaulted the complainant along with her husband
and outraged her modesty by pulling her wearing
apparels. Other antisocial persons along with three other
persons came and assaulted them. They threatened the
complainant and her family members to kill. Hence, the
F.I.R.
4. The petitioners and the opposite party No.2 are
related to each other. All the petitioners along with the
opposite party No.2 are present in the Court today being
represented by their counsel. He also identifies both the
petitioners as well as the complainant. They have filed the
photocopies of their self-attested Aadhaar Cards to
establish their identity, which are taken on record.
5. The present F.I.R. is the cross F.I.R. being filed by the
opposite party No.2 against the petitioners as a counter
blast to the F.I.R. being Ranpur P.S. Case No.181 of
2024. In so far as the cross F.I.R. is concerned, the
petitioners had filed CRLMC No.3692 of 2024 seeking
quashing of the said F.I.R, which has already been
allowed.
6. This Court, vide order dated 06.11.2024, has already
quashed the said F.I.R. in Ranpur P.S. Case No.181 of
2024. The petitioners and the opposite party No.2 belong
to the same family and they are related to each other.
Due to the misunderstanding in the family, the F.I.R. has
been registered.
7. The parties have filed a joint affidavit dated
06.11.2024, inter alia, stating as under:
"2. That, this affidavit is filed before this Hon'ble
Court with the prayer for dropping of the
proceeding as the matter settled between us and
I was the informant in Ranapur PS Case No.182
dt. 16.05.2024 corresponding to GR Case
No.262/24 now pending before the learned
JMFC, Ranapur.
3. That by virtue of compromise/settlement
between us I being present before this Hon'ble
Court filed this affidavit on my sweet will,
without any pressure, fear, favour and coercion.
For genuineness of my identity I file herewith
Xerox self-attested Aadhar copy for kind
perusal."
8. Mr. Biswal, learned Additional Standing Counsel
appearing for the opposite party No.1-State submits that,
the nature of the allegation are not serious and the
parties are related to each other. Since they have settled
their dispute, there is no legal impediment in quashing
the criminal proceeding against the present 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 the rigors of the 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, the facts of the case and submission made at
bar, the Ranpur P.S. Case No.182 of 2024 corresponding
to G.R. Case No.262 of 2024 pending in the Court of
learned J.M.F.C., Ranpur and the consequential
proceedings arising therefrom qua the petitioners is
quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Location: High Court of Orissa, Cuttack.
