Orissa High Court
Soumyaranjan Parida vs State Of Odisha & Another .... Opp. ... on 23 October, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3251 of 2024
Soumyaranjan Parida .... Petitioner
Mr. P.R.Singh, Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr. B.K. Ragada, AGA
Mr. A.K. Rout, Advocate for the
opposite party no.2
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 23.10.2024
02. 1. Heard learned counsel for the parties.
2. At the instance of the opposite party no.2, the F.I.R.,
i.e., Motanga P.S. Case No.260 of 2022 came to be
registered against the petitioner under Sections 294/506 of
the IPC read with Section 3(2)(va) of the S.C. & S.T. (PoA)
Act pending in the Court of learned Judge, Special Court,
Dhenkanal.
3. The prosecution case is that on 12.11.2022, the
informant/opposite party no.2 lodged a written report
before the IIC, Motanga Police Station alleging therein that
while she along with her family members returned from
Hindol road market, one Pintu Parida abused her in filthy
languages and misbehaved her. Thereafter, he assaulted
her. When her son protested, the accused also assaulted
him and abused him by his caste. Hence, the F.I.R. was
registered.
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. On the query from the Court, the informant/opposite
party no.2, who is present in the Court, has stated that
she has already settled the dispute with the petitioner on
the intervention of the well wishers and village gentries.
Therefore, she seeks to quash the entire criminal
proceeding initiated by her against the petitioner.
6. The petitioner and opposite party no.2 have filed joint
affidavit dated 13.09.2024, inter alia, stating as under:
"2. That after submission of charge-sheet the leaned
Judge, Special Court, SC/ST, Dhenkanal pleased to
take cognizance of offences against the petitioner vide
order dated 07.01.2023 and thereafter summoned to
the accused to appear before the court.
3. That during pendency of the aforesaid criminal
proceeding, the dispute have been amicably settled
between the informant (opposite party no.2) and the
accused-petitioner at their locality in presence of the
village gentries and well wishers of both the parties.
4. That, since the dispute among the parties have
already amicably settled and all of them now are
living peaceful and maintaining cordial relationship in
their locality and if the proceeding is continuing it will
be affected the good relationship between the parties.
5. That, opposite party no.2 and the petitioner do not
want to proceed with the case further since the
dispute have been settled between the parties in their
locality."
7. Mr. Ragada, learned counsel for the State submits
that the parties have settled their dispute and the
informant does not want to proceed with the case against
the petitioner. Therefore, in the peculiarity of the present
case, this Court can give indulgence as there is no legal
impediment.
8. Regard being had to the aforementioned
circumstances and since the opposite party no.2 is not
willing to proceed against the petitioner, 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. Since subjecting
the petitioners to the rigors of trial will be a futile exercise,
I am inclined to quash the criminal proceeding.
9. In view of the aforementioned facts of the case and
submissions made at bar, Motanga P.S. Case No.260 of
2022 corresponding to C.T. (Special) Case No.78 of 2022
pending in the Court of learned Judge, Special Court,
Dhenkanal and the consequential proceedings arising
therefrom qua the petitioner are quashed.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
amit
Location: HIGH COURT OF ORISSA, CUTTACK
