Orissa High Court
Amari @ Amaresh Sahu & vs State Of Odisha And Another .... ... on 4 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1275 of 2025
Amari @ Amaresh Sahu & .... Petitioner(s)
Anr.
Mr. M.K. Sahu, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.J. Mohanty, ASC
Mr. S.K. Dash, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 04.04.2025
01. 1. Heard.
2. Learned counsel for the petitioners filed consolidated cause
title of the petition in Court today, which is taken on record.
3. At the instance of the opposite party No.2, the F.I.R. in
Kundheigola P.S. Case No. 307 dated 27.10.2023 came to be
registered against the petitioners corresponding to S.T. Case No.
22/2025 (arising out of Kundheigola P.S. Case No.307 dated
27.10.2023 and C.T. Case No.619/2023 of JMFC, Reamal) pending
in the court of the learned District Judge, Deogarh.
4. The allegation against the petitioner is that on 26.10.2023 at
about 2.00 P.M. the informant and his family members were taking
rest after launch. They heard a quarrel of some people outside of their
gate. The accused came towards the informant and abusing in filthy
languages and assaulted on his head by a stone with an intention to
kill. Then the informant fell down, as a result of bleeding injury in his
right side ear and head. Thereafter, the accused fled away from the
spot. Again the accused and his mother forcibly entered into the
house of the informant and assaulted and pressed neck of the wife of
the informant and tried to kill her. The neighbours came to the house
of the informant and got them rescued. After that the accused and his
mother fled away from the spot. Hence, the FIR.
5. After investigation, charge sheet in the present case has been
filed on 20.12.2023 against the petitioners for the alleged commission
of offence punishable under Sections 341/294/336/323/427/452/354/
506/34/ 307 of IPC. The trial court vide order dated 22.12.2023 has
taken cognizance of offences as mentioned above. Before the charge
is frame and trial commence, the parties have entered into a
settlement and on the basis of the settlement terms, the present
petition has been filed seeking quashing of the entire criminal
prosecution.
6. The petitioners no.1 and 2 and opposite party no.2 the
informant are present in Court and being represented and identified
by their respective counsels. They have also filed self-attested copies
of their Aadhaar Cards to establish their identity, which are taken on
record. The parties have a joint affidavit dated 04.04.2025 inter alia
stating as under:-
"1. That, the informant (Opp. Party no.2) had lodged the
FIR against the petitioners which has been registered as
Kundheigola P.S. Case No. 307 dated 27.10.2023,
corresponding to S.T. Case No. 22 of 2025 (Arising out of
C.T. Case No. 619 of 2023 of JMFC, Reamal) pending
before the Court of the learned District Judge, Deogarh, for
an offence under Section 341, 294, 336, 323, 427, 452, 354,
307, 506 and 34 of the IPC.
2. That, after completion of investigation the investigating
officer submitted the charge sheet under section 341, 294,
336, 323, 427, 452, 354, 307, 506 and 34 of the IPC against
the accused petitioners to face their trial in the court of law.
3. That, after submission of charge sheet the learned JMFC,
Reamal vide its order dated 22.12.2023 took cognizance of
the aforesaid offences against the accused petitioners and
transferred/committed the case to the court of the learned
District Judge, Deogarh and the above mentioned C.T. Case
No. 619 of 2023 has been registered as S.T. Case No. 22 of
2025 in the court of the learned District Judge, Deogarh and
is pending against them for trial.
4. That, during pendency of the case due to the intervention
of the gentries and well-wishers we both the parties have
amicably compromised/settled the matter amongst us.
5. That, we both the parties have resolved the entire dispute
amongst us and have effected a genuine compromise without
there being any pressure, coercion or undue influence from
any quarters.
6. That, the dispute between us is put to an end and peace
and cordial relationship has been restored amongst us.
7. That, in view of the amicable resolution of the
disputes/issues amongst us, no useful purpose would be
served by continuation of the proceedings and is likely to be
a waste of judicial time as such further continuation of the
proceeding would be of no result, otherwise it would be
harassment for us, hence further proceeding is liable to be
quashed.
8. That, further continuation of the proceeding would be
abuse of process of law and would disharmonize the cordial
relationship and will cause a permanent rift amongst us,
hence for interest of justice to prevent the abuse of the
process of court and to secure the ends of justice and for
interest of us the entire proceeding of S.T. Case No. 22 of
2025 (Arising out of Kundeigola P.S. Case No. 307 dated
27.10.2023 and C.T. Case No. 619 of 2023 of JMFC,
Reamal) pending before the Court of the learned District
Judge, Deogarh be quashed.
9. That, unless the entire proceeding of the case be quashed
we shall be highly prejudiced.
10. That, we both the parties swear this affidavit without any
coercion, undue, influence and being pressurized by
anybody to file it before this Hon'ble Court to pass
appropriate order for the interest of justice and convenience
of us."
7. The opposite party no.2, who is the informant and the
injured is present in Court, on query from the Court submits that the
petitioners are the co-villagers and due to quarrel and provocation, he
had filed the case. He although sustained injury in his ear, but the
same is not much serious. He submits that on the intervention of
village gentries, he has settled the dispute and does not want to
prosecute the petitioners any more.
8. Mr. Mohanty, learned counsel for the State submits that the
allegations are not much serious and since the parties have settled the
dispute and file affidavit before this Court and the trial has not yet
been commenced, there is no legal impediment to quash the
proceeding.
9. I have perused the charge sheet and allegations made by
opposite party no.2 against the petitioners and also perused the injury
report. The petitioners had not used any weapon to assault the
opposite party no.2, rather the petitioners allegedly assaulted the
opposite party no.2 by a stone which caused injury to the opposite
party no.2. The petitioners and opposite party no.2 belongs to the
same village. Therefore, subjecting the petitioners to the rigors of
trial will not enure to the benefit to either parties, rather it will create
hostility. So as to maintain peace and tranquility in the locality, it
would be expedient to quash the proceeding. Moreover, since the
opposite party no.2 has filed affidavit before this Court, even if the
petitioners are subjected to rigors of trial, there is bleak chance of
conviction. Hence, the case of the petitioners are directly covered by
the judgment 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.
10. Accordingly, the criminal proceeding in connection with
Kundheigola P.S. Case No. 307 dated 27.10.2023 corresponding to
S.T. Case No. 22/2025 (arising out of Kundheigola P.S. Case No.307
dated 27.10.2023 and C.T. Case No.619/2023 of JMFC, Reamal),
pending in the court of the learned District Judge, Deogarh is
quashed, subject to the petitioners paying cost of Rs.2, 500/- (Rupees
two thousand five hundred) each to the opposite party no.2 within 15
days hence and furnish receipt thereof before this Court.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 05-Apr-2025 15:03:08
