Orissa High Court
Abhisek Parida @ Babulu vs State Of Odisha And Another .... ... on 11 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 94 of 2025
Abhisek Parida @ Babulu .... Petitioner(s)
Mr. D.K. Sahoo, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. B. Nayak, AGA
Mr. G.B. Singh, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 11.02.2025
01. 1. Mr. G.B. Singh, learned counsel enters appearance on behalf of
opposite party no.2 and files Vakalatnama, which is taken on record.
2. Heard.
3. At the instance of the opposite party No.2, the F.I.R. in
Tantiapal Marine P.S. Case No. 170 of 2024 came to be registered
against the petitioner corresponding to G.R. Case No. 2206 of 2024,
pending in the court of the learned SDJM, Kendrapara for the
alleged commission of offences under Section 354-D of the IPC.
4. The allegation against the petitioner is that while the
informant and her children are asleep in their house at late night she
heard a noise and asked who is knocking the door in the late night,
the petitioner approach for opening of the door who was in a
inebriated state. The informant refused to the same and took the
video of the petitioner who is working as a Homeguard. The FIR
has been registered on these allegations.
5. In the present case, investigation is still going on. At this
stage, the parties have arrived at a settlement and on the basis of the
settlement terms, the present petition has been filed seeking
quashing of the entire criminal prosecution.
6. Petitioner 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 filed a joint affidavit dated 11.02.2025
inter alia stating as under:-
"We both are well known to each other since long and are
belongs to the same area due to some misunderstanding
between us the informant file the written complain before the
IIC Tantiapal police station for which FIR was registered but
in the meantime we both of us settled the above matter for
which I have no interest to proceed further in the above case
for which we both us filing the above affidavit before this
Hon'ble court for the appreciation of the fact and law involve
in this case for ends of justice.
1. That, the opposite party no.2 who is well known to the
petitioner and the informant in the above case filed a
written report before the IIC Tantiapal Marine police
station in which Tantiapal Marine PS Case No.170/2024,
corresponding to GR Case No.2206/2024 was registered
against the present petitioner for the commission of the
offences under Section 78 of the BNS Act, 2023,
corresponding to the old act under Section 354 of the IPC,
at present the above case is pending before the learned
SDJM, Kendrapara for the further proceeding.
2. That fact remains the informant was inside the house and it
was late night and she heard that some one calling her in
late night and she saw it was night and the person calling
seems to be the petitioner so in doubt she lodged the written
report thereafter she was ascertain that the present
petitioner is not at all calling her at night and due to some
misunderstanding she has filed the above FIR against the
present petitioner which has already been settled between
the parties and we both having good relation and we are
very cordial to each other for which I have no interest at all
to proced further in the above case for which we both of us
without any force pressure etc filing this affidavit for
quashing of the FIR and proceeding thereon for ends of
justice.
3. That continuance of the above case before the court below
is only the misuse of the court time ultimately the cases will
be completed in acquittal for which to save the time and for
the interest of both the parties filing this affidavit before this
hon'ble court for quashing of the FIR and proceeding
thereon."
7. On the query from the Court, opposite partyno.2 stated that
due to misunderstanding she has lodged the FIR and investigation
in the present case is still going on. However, they have arrived at a
settlement and she does not want to proceed with the matter and
pursuance to the same the petitioner has filed this petition seeking
quashing of the proceeding.
8. Mr. Nayak, learned counsel for the State submits that since
the parties have settled the dispute and file affidavit before this
Court, there is no legal impediment to quash the proceeding.
9. Regard being had to the allegation made by the opposite
party no.2 against the petitioner and the fact that they have settled
the dispute and filed affidavit before this Court, I am inclined to
allow the present petition. Further, continuation of the present
proceeding will not endure to the benefit to either parties and,
therefore, in these circumstances subjecting the petitioner to rigors
of the trial is destined to be futile exercise. The case of the
petitioner is 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
Tantiapal Marine P.S. Case No. 170 of 2024 corresponding to G.R.
Case No. 2206 of 2024, pending in the court of the learned SDJM,
Kendrapara is quashed, subject to the petitioner paying Rs.5000/-
(Rupees five thousand) as cost to the opposite party no.2-
informant and file receipt before this Court.
11. The CRLMC is accordingly disposed of.
Digitally Signed (S.S. Mishra)
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA Judge
Reason: Authentication
Ashok
Location: High Court of Orissa
Date: 12-Feb-2025 13:54:51
