Orissa High Court
Lakhikanta Puhan vs State Of Odisha And Another .... ... on 25 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4896 of 2024
Lakhikanta Puhan .... Petitioner(s)
Ms. P. Naidu, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. B. Nayak, AGA
Mr. S. S. Pattanaik, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 25.03.2025
02. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated
30.06.2021 in Bhadrak Town P.S. Case No.267 of 2021 came to be
registered against the petitioner for the alleged commission of the
offences under Sections 341/323/294/353/506 of I.P.C. On the
ground of settlement, the petitioner is seeking quashing of the F.I.R
and consequential proceedings.
3. The allegation against the petitioners in the F.I.R. is that,
on 30.06.2021, the informant/opposite party No.2 lodged a written
report before the I.I.C., Bhadrak Town Police Station alleging
therein that while he was working as the Executive Engineer,
Salandi Canal Division, Bhadrak, at around 6.30 P.M., the
petitioner (Ex-Junior Engineer) forcibly entered into his official
chamber and abused him in filthy languages and banged the table
with his hand and threatened him with dire consequences. It is
alleged that when the informant called his staff for rescue, the
petitioner left the chamber but while leaving, the petitioner punched
his Assistant Engineer, for which, he sustained injury. Hence, this
case.
4. After investigation, charge-sheet has been filed in the
present case on 30.06.2021 for the alleged commission of offences
punishable under Sections 341/323/294/353/506/448/332 of I.P.C.
The learned S.D.J.M.. Bhadrak vide order dated 19.08.2021 in G.R.
Case No.1758 of 2021 has taken cognizance of the offences as
mentioned above against the petitioner. Before the trial
commenced, the parties have entered into a settlement.
5. The petitioner and the opposite party No.2 are present in
the Court and 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 petitioner and the opposite party No.2 have filed joint
affidavit dated 25.03.2025 inter alia stating as under:-
"1. That FIRST PARTY is the accused and SECOND
PARTY is the informant in Bhadrak Town P.S. 267 of
2021 corresponding to G.R. cases no 1758 of 2021
pending in the Court of Learned Sub-Divisional
Judicial Magistrate Bhadrak.
2. That we have known each other for quite a long
period of time and have a peaceful relationship with
each other.
3. That amity and fellow feeling has been restored
among us.
4. That due to a misunderstanding between us, the
above mentioned FIR was lodged and due to timely
intervention by the respectable persons, well-wishers
and local gentries and to leave peacefully without any
hatred in future among us and our family member, we
have amicably sorted out the differences between us
and we have cleared all the misunderstandings that
was prevalent between us.
5. That SECOND PARTY has no objection if the
entire prosecution as lodged against the FIRST
PARTY is quashed herewith."
7. On query from the Court, the opposite party No.2, who is
present in Court submits that due to misunderstanding, he has filed
the present case and on the intervention of the family members and
well-wishers, he has now settled the dispute with the petitioner. He
and the petitioner are government employees. Therefore, he does
not want to proceed with the case against the petitioner as he has
settled the dispute with the petitioner. He also submitted that there
is a cross case registered against him at the instance of the
petitioner, which is also sought to be quashed for which CRLMC
No.2642 of 2024 has been filed.
8. Mr. Nayak, learned Additional Government Advocate for
the State submits that since the dispute is inter-se parties and have
settled their dispute and filed a joint affidavit in that regard, this
Court may give indulgence in the present matter as there is no legal
impediment.
9. Regard being had to the fact that 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
G.R. Case No.1758 of 2021 arising out of Bhadrak Town P.S. Case
No.267 of 2021 pending in the Court of the learned S.D.J.M.,
Bhadrak and the consequential proceedings arising therefrom qua
the petitioner are quashed.
11. The CRLMC is accordingly disposed of.
Designation: Senior Stenographer (S.S. Mishra)
Location: High Court of Orissa
Date: 28-Mar-2025
Judge
Swarna 13:54:46
