Orissa High Court
Natabar Nayak & Others vs State Of Odisha & Another .... Opp. ... on 11 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4109 of 2024
Natabar Nayak & others .... Petitioners
Mr. Akshaya
Kumar Sahoo,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.S.J.Mohanty,
ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 11.11.2024
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.10 of 2015
corresponding to S.T. Case No.22 of 2016 came to be
registered against the petitioners for the offences
punishable under Sections 341/ 323/ 294/ 354/ 307/
506/324/452/427/34 of the IPC pending in the Court of
learned Senior Civil Judge-cum-Assistant Sessions Judge
(Women's Court), Nayagarh.
3. The allegation against the petitioners is that, on
10.01.2015, the complainant reported at the P.S. that, on
the same day, when he was working with labourers, the
petitioner Nos.1, 3 & 4 removed his stumps and destroyed.
When the labourers opposed the same, they left the place.
Then in the same evening, while the complainant was
coming from his house to pay his labourers, the above
accused persons being armed with lathi, katari etc.
entered into his house and abused him in obscene
languages. The petitioner No.2 attacked him by means of
katari to kill him. At that time, one Sunil Samantaray of
his village obstructed the same and he sustained bleeding
injury on his left hand. Thereafter, his sister-in-law, father
and mother also tried to rescue him, but the accused
persons pushed them and dragged the saree of his sister-
in-law and kicked her. At that time, his brother Harmohan
Nayak, Prafulla Nayak, Gagan Nayak, Sanjay Nayak and
others reached at the spot and rescued them. All the
accused persons threatened to kill them. Hence, the F.I.R.
4. The petitioners, the opposite party No.2 and the
injured, namely, Prafulla Nayak and Harmohan Nayak are
present in the Court today. They are being represented by
their counsel and also identified 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. Learned counsel for the petitioners submits that, a
cross-F.I.R. being Ranpur P.S. Case No.11 of 2015 was
also registered at the instance of the present petitioners
against the opposite party No.2, which is arising out of the
same incident. The opposite party No.2 and the injured in
that case had filed CRLMC No.2914 of 2024 before this
Court seeking quashing of the said F.I.R. The Coordinate
Bench of this Court, vide order dated 11.09.2024, has
allowed the prayer of the petitioners and quashed the
F.I.R. in Ranpur P.S. Case No.11 of 2015 and the
consequential proceeding arising therefrom. Relying upon
the said order, learned counsel for the petitioners submits
that, this being a cross case, the same may also be
quashed on the basis of the settlement terms between the
parties.
6. The informant and the injured in the present case
have filed separate affidavits before this Court on
12.11.2024, inter alia, stating as under:
"4 (i) That I am the Opp. Party no.2/informant in
connection with Ranpur P.S. Case No.10/2015 in an
offence U/ss. 341/ 323/ 294/ 354/ 307/ 506/ 324/
452/ 427/34 of IPC, has been registered against the
present petitioners, which is corresponding to G.R.
Case No.10/2015, further corresponding to S.T. Case
No.22/2016 pending before the learned Sr. C.J.-cum-
Asst. Sessions Judge (Women's Court), Nayagarh.
ii) That the petitioner and the O.P. No.2 are the co-
villagers due to some land dispute between them
there was a hot exchange of words between them due
to such reason the occurrence took place.
(iii) That this deponent respectfully states here that
after lodging of the F.I.R. under annexure-1, the
matter has amicably settled between us and now we
are no more interested to prosecute with this case any
further.
(iv) That in the meantime the matter has amicably
settled between us in presence of the local gentries as
well as other well wishers and in the meantime the
matter has already been settled, for which reason I
do not want to proceed in the matter any further.
(v) That without any fear, favour and coercion, I,
swear this affidavit on my own sweet will and I have
no objection if the proceeding will be quashed at the
present stage."
7. On the query from the Court, the opposite party No.2
and the victim have reiterated that they have settled the all
the cases and the cross case has already been quashed.
Therefore, no grievance is left against the present
petitioners.
8. I have also perused the injury report placed on record
as Annexure-6 to the present petition , it reveals that, the
injuries sustained by the opposite party No.2 are simple in
nature.
9. Regard being had to the terms of the settlement and
the fact that the cross case registered by the petitioners
against the opposite party No.2 and other persons have
already been quashed, learned counsel for the State
submits that, this Court can give indulgence to the present
petitioners, as there is no legal impediment in quashing
the criminal prosecution against the petitioners.
10. Taking into account 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, I am of the
view that subjecting the present petitioners to the rigors of
the trial will be a futile exercise. Therefore, the petition
deserves merit.
11. Accordingly, the F.I.R. in Ranpur P.S. Case No.10 of
2015 corresponding to S.T. Case No.22 of 2016 pending in
the Court of learned Senior Civil Judge-cum-Assistant
Sessions Judge (Women's Court), Nayagarh and the
consequential proceedings arising therefrom qua the
petitioners is quashed, subject to each of the petitioners
paying cost of Rs.1,500/- (Rupees one thousand five
hundred) to be paid to the three victims.
12. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Location: High Court of Orissa, Cuttack.
