Orissa High Court
Chitta Ranjan Sahoo @ vs State Of Odisha & Another .... Opp. ... on 10 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.681 of 2025
Chitta Ranjan Sahoo @ .... Petitioners
Taini & another Mr. Abhas
Mohanty,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.Bibekananda
Nayak, AGA &
Mrs. Ashwariya
Dash, Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 10.04.2025
04.
1.
Heard.
2. At the instance of the opposite party No.2, the
F.I.R. in connection with Chauliaganj P.S. Case
No.296 of 2022 corresponding to G.R. Case No.1199
of 2022 came to be registered against the petitioners
for the alleged commission of offences punishable
under Sections 341/294/427/506/34 of the IPC,
pending in the Court of learned J.M.F.C. (Cog.
Taking)-IV, Cuttack.
3. The opposite party No.2 reported at P.S. alleging
therein that, on 11.09.2022 evening, while he was
returning to his house from his duty, he saw the
members of the Tarini Club celebrating the
immersion ceremony of Lord Ganesha. At that time,
the accused persons blocked the vehicle of the
informant and restrained him illegally, abused him in
filthy language and threatened him with dire
consequences. Hence, the F.I.R.
4. After the investigation, the charge sheet has been
filed on 20.11.2022 for the alleged commission of the
offences punishable under Sections 341/ 294/ 427/
506/34 of the IPC. Subsequent thereto, the learned
Court below has also taken cognizance of the offences
as mentioned above.
5. Before the charge is framed and the trial is
commenced, the parties have arrived at a settlement
at the intervention of the village gentries and well-
wishers. On the basis of the settlement terms, the
present petition has been filed seeking quashing of
the entire criminal proceeding.
6. The petitioners and the opposite party No.2 are
present in the Court today. They are being
represented by their respective counsel and identified
by them. They have also filed the photocopies of their
respective Aadhaar Cards to establish their identity,
which are taken on record.
7. They have filed the joint affidavit dated
26.03.2025, inter alia, stating as under:
"1. That the undersigned parties, being the
Petitioners and Opp.Party No.2/Informant in the
above-mentioned criminal case, hereby submit
this Joint Compromise Affidavit for quashing of
the criminal proceeding, on the grounds of an
amicable settlement between the parties.
2. That the Opp. Party no. 2 had filed a case
bearing Chaulaganj P.S. Case No. 296 of 2022
arising out of G.R Case No. 1199 of 2022 pending
in the file of the learned J.M.F.C.(Cog. Taking)-IV,
Cuttack, for the commission of the alleged
offences punishable under sections U/s.
294,341,427,506,34 of IPC against the
Petitioners.
3. That the said FIR was filed due the previous
dispute between the parties, and the Opp. Party
No 2, being the informant, due to the said enmity
the present case was instituted on. The
misunderstandings and disputes that led to the
filing of the FIR have been amicably resolved
between the respective parties.
6. That the informant/Opp. party no. 02 has. по
objection if the criminal proceeding is quashed in
against the petitioners at this present stage.
7. That in light of the above, the respective parties
jointly pray before this Hon'ble Court to consider
the joint affidavit for quashing of the criminal
proceeding Chauliaganj P.S. Case No. 296 of 2022
arising out of G.R Case No. 1199 of 2022 pending
in the file of the learned J.M.F.C.(Cog. Taking)-IV,
Cuttack,. The present petitioners as well as the
Opp. Party No. 2 believe that continuing with the
legal proceedings would be detrimental to the
welfare of the family and would serve no
constructive purpose.
8. That the present petitioners, and Opp. Party No
2, have voluntarily and amicably reached a
settlement in the matter in dispute between them,
and wish to inform this Hon'ble Court of their joint
decision to resolve the issues without further legal
proceedings.
9. That the mother of the appellant and Opp. Party
No 2, have engaged in meaningful discussions
and negotiations, and have voluntarily reached an
amicable settlement to resolve the disputes
arising out of the criminal proceedings.
10. That both parties understand the implications
of the settlement and willingly agree to the terms
and conditions stated herein.
11. That the Opp. Party No 2 hereby declares that
he no longer wishes to proceed with the criminal
case against the present petitioners because the
FIR was filed under a sudden aggression, the
Opp. party no. 02 was fully aware of the true
facts and due to which the said case was
instituted.
12. That it is humbly submitted here that this
Hon'ble Court may be pleased to quash the the
criminal proceeding Chauliaganj P.S. Case No.
296 of 2022 arising out of G.R Case No. 1199 of
2022 which is pending in the file of the learned
J.M.F.C.(Cog. Taking)-IV, Cuttack, in the interest
of justice, as the matter has been amicably
resolved between the parties.
13. That it is further appropriate to note here that
this Hon'ble Court may graciously be pleased
pass appropriate orders in accordance with the
law, quashing the impugned the criminal
proceeding Chauliaganj P.S. Case No. 296 of 2022
arising out G.R Case No. 1199 of 2022 which is
arising out of pending in the file of the learned
J.M.F.C.(Cog. Taking)-IV, Cuttack, against the
petitioners.
14. That the conditions constitute the mutually
agreed-upon terms of the amicable settlement,
and both parties commit to abide by them in good
faith.
15. That the affidavit is drawn by both the parties
for the purpose of compromising their disputes in
CRLMC No. 681 of 2025 and they shall have no
claims as against each other.
8. The petitioner and the opposite party No.2 have
filed separate affidavits reiterating their stand. The
opposite party No.2, who is present in person before
this Court, on the query from the Court, states that
he has registered the F.I.R. against the petitioners on
sudden provocation and misunderstanding. However,
on the intervention of the local gentries and well-
wishers, they have settled their dispute. In order to
maintain peace and tranquility in the area, he does
not want to prosecute the petitioners any more.
9. Mr. Nayak, learned Additional Government
Advocate appearing for the opposite party No.1-State
submits that the nature of the allegations are not
serious in nature and the parties have settled their
dispute. They have filed affidavit before this Court to
that effect. Therefore, there is no legal impediment in
quashing the present F.I.R.
10. Regard being had to the fact that the parties
have settled their dispute and the nature of
allegations against the petitioners, I am of the
considered view that subjecting the petitioners to the
rigors of the trial in the fact scenario of the present
case would be a futile exercise. Therefore, 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
Madhavrao Jiwajirao Scindia & another v.
Sambhajirao Chandrojirao Angre and others,
reported in AIR 1988 SC 709, therefore, the petition
deserves merit.
11. Taking into consideration the aforementioned
judgments, the facts of the case and submissions
made at the Bar, the F.I.R. in connection with
Chauliaganj P.S. Case No.296 of 2022 corresponding
to G.R. Case No.1199 of 2022 pending in the Court of
learned J.M.F.C. (Cog. Taking)-IV, Cuttack and the
consequential proceedings arising therefrom qua the
petitioners are quashed, subject to the petitioners
paying cost of Rs.20,000/- (Rupees twenty thousand).
Out of Rs.20,000/-, Rs.10,000/- (Rupees ten
thousand) shall be paid to the opposite party No.2
and the remaining Rs.10,000/- (Rupees ten
thousand) shall be paid to the High Court of Orissa
Advocates' Welfare Fund.
12. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 11-Apr-2025 18:55:29
