Orissa High Court
Balakrushna Putel @ vs State Of Odisha And Another .... ... on 11 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1428 of 2025
Balakrushna Putel @ .... Petitioner(s)
Balakrushna Patel and others
Mr. A. K. Biswal, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. B. Nayak, AGA
Ms. B. Pradhan, Advocate for O.P.2
CRLMC No.1152 of 2025
Khetra Mohan Bag @ .... Petitioner(s)
Kshetramohan Bag
Ms. B. Pradhan, Advocate
-versus-
State of Odisha and others .... Opposite Party(s)
Mr. B. Nayak, AGA
Mr. A. K. Biswal Advocate for O.Ps.2 to 5
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 11.04.2025
02. 1. Heard.
2. At the instance of the opposite party No.2 namely Khetra
Mohan Bag @ Kshetramohan Bag, who is the petitioner in CRLMC
No.1152 of 2025, the F.I.R. dated 17.09.2023 in Kegaon P.S. Case
No.192 of 2023 came to be registered against the accused persons
for the alleged commission of the offences under Sections
419/420/34 of I.P.C. On the ground of settlement, the petitioners
have filed the present petition seeking quashing of the entire
criminal proceeding.
3. The allegation against the petitioners in the F.I.R. is that on
17.09.2023 at about 09.45 P.M., the complainant/opposite party
No.2 in CRLMC No.1428 of 2025 lodged a written report before
Kegaon P.S. alleging therein that in the year 2022, his crop
insurance amount of Rs.1,30,362/- (vide Khata No.175 of 10
numbers of plot) is deposited in the name of one Belendri Majhi
without his knowledge and without his consent. When he asked
Belendri Majhi, she said that the amount was withdrawn by her and
the same was handed over to one Balakrushna Patel. It is alleged by
the complainant that Belendra Majhi and Balakrushna Patel have
cheated him without his knowledge. Hence, this case.
4. After investigation, charge-sheet has been filed in the
present case on 16.01.2024 for the alleged commission of offences
punishable under Sections 419/420/34/467/468/471 against the
accused persons. Vide order dated 16.01.2024, the learned
S.D.J.M., Dharamgarh in C.T. Case No.506 of 2023 has taken
cognizance of the offences as mentioned above against the
petitioners.
5. The petitioners No.1, 3, 4 & 5 and the opposite party No.2
are present in the Court whereas the petitioner No.2 is present
through Virtual Mode and they are being represented and identified
by their counsels. They have also filed self-attested copy of their
Aadhaar Cards to establish their identity, which are taken on record.
6. The complainant/opposite party No.2 namely Khetra
Mohan Bag @ Khetramohan Bag has also filed a separate petition
being CRLMC No.1152 of 2025 inter alia making the same prayer
for quashing of the criminal case initiated by him against the
petitioners on the ground of settlement. He has stated in his petition
that he has already settled the dispute with the petitioners in
CRLMC No.1428 of 2025. Hence, he does not want to prosecute
the case against the petitioners anymore.
7. Learned counsel appearing for the parties submits that the
informant and accused in the case have filed separate petition
seeking quashing of the F.I.R. in subject on the ground of
settlement. The averment made by the made by them in their
respective petitions may be treated as affidavit on behalf by them.
8. Mr. Nayak, learned Additional Government Advocate for
the State submits that the parties have settled their dispute and in
the present case both the petitioners as well as the informant have
filed separate petition seeking quashing of the entire criminal
prosecution as well as consequential proceeding arising therefrom,
therefore, there is no legal impediment in quashing the F.I.R.
9. Regard being had to the fact that both the accused persons
and the informant in the present case have filed separate petition
seeking quashing of the subject F.I.R. and the parties have settled
their dispute and keeping in view 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, I am of
the considered view that subjecting the petitioner to the rigors of the
trial would be a futile exercise. Therefore, the petition deserves
merit.
10. Accordingly, the criminal proceeding in connection with
C.T. Case No.506 of 2023 arising out of Kegaon P.S. Case No.192
of 2023 pending in the Court of the learned S.D.J.M., Dharamgarh
and the consequential proceedings arising therefrom qua the
petitioners are quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 12-Apr-2025 15:38:27
