Orissa High Court
Judhisthira Sethi & Others vs State Of Odisha & Another .... Opp. ... on 5 March, 2025
Signature Not Verified
Digitally Signed
Signed by: NARAYAN HO
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 10-Mar-2025 13:40:01
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.14 of 2025
Judhisthira Sethi & Others .... Petitioners
Mr. P. K.
Moharaj,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr. S.N. Biswal,
ASC
Mr. Debidutta
Mohapatra,
Advocate for
O.P. No.2
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 05.03.2025
03.
1.
Heard.
2. At the instance of opposite party No.2, who is the
mother-in-law of Petitioner No.6, this F.I.R. in
connection with Ghatagaon P.S. Case No.193 of 2015
corresponding to G.R. Case No.1558 of 2015 came to be
registered against the petitioners for the alleged
commission of offences punishable under Sections
341/323/324/354/506/379/34 of the IPC, pending in
the Court of learned S.D.J.M., Keonjhar.
Signed by: NARAYAN HO 3. The allegation against the petitioners is that, the
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 10-Mar-2025 13:40:01 opposite party No.2 reported the case at Ghatagaon P.S.
alleging that, her son had married to the petitioner
No.6. After few days of their marriage, these Petitioners
created disturbances and torturing her son, namely,
Bijay Kumar Sethy mentally and physically. It is alleged
that the Petitioners assaulted the Opposite Party No.2
in absence of her son and husband. Hence, the F.I.R.
4. After investigation, charge-sheet has been filed in
the case on 31.03.2016. The trial Court has taken
cognizance of the offences punishable under the
sections as mentioned above against the Petitioners.
5. On the basis of settlement between the present
Petitioners and Opposite Party No.2, they have
approached this Court seeking quashing of the entire
criminal proceeding.
6. Petitioners are present in person in Court today
represented by their counsel. They have also filed the
photocopies of their self-attested Aadhaar Cards to
establish their identity, which are taken on record.
7. The opposite party No.2 is also present in the
Court being represented by her counsel. She has also
filed an application and submitted that the settlement
made by the Petitioners in the petition afresh and they
have settled their dispute. She joins with the Petitioners
and prays for quashment of the entire proceeding
initiated by her against the Petitioners as per the
Signed by: NARAYAN HO settlement.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 10-Mar-2025 13:40:01 8. Mr. S.N. Biswal, learned Additional Standing
Counsel appearing for the opposite party No.1-State
and Mr. Mohapatra, learned counsel for the Opposite
Party No.2 submit that the dispute is essentially arises
out of a matrimonial discord between the son of
opposite party No.2 and petitioner No.6 leading to
registration of the F.I.R. and the parties have settled
their dispute. The opposite party No.2, the informant is
present in the Court has reiterated her stand that, she
has settled her dispute with the petitioners for which
she has filed the affidavit before this Court to that
effect. Therefore, there is no legal impediment in
quashing the F.I.R.
9. Regard being had to the submissions made above,
and the fact that the parties have settled their dispute, I
am inclined to allow the present petition. In the fact
scenario of the present case, subjecting the petitioners
to the rigors of trial at this stage would be a futile
exercise. 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
Signed by: NARAYAN HO deserves merit.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 10-Mar-2025 13:40:01 10. Taking into consideration the aforementioned
judgments, the facts of the case and submissions made
at the Bar, the F.I.R. in connection with Ghatagaon P.S.
Case No.193 of 2015 corresponding to G.R. Case
No.1558 of 2015 pending in the Court of learned
S.D.J.M., Keonjhar and the consequential proceedings
arising therefrom qua the petitioners are quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Narayan
