Orissa High Court
Santilata Hota & Another vs State Of Odisha And Others .... Opposite ... on 28 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4460 of 2024
Santilata Hota & another .... Petitioner(s)
Mr. A.K. Pandey, Advocate
-versus-
State of Odisha and others .... Opposite Party(s)
Ms. S. Moharana, ASC
Mr. A.K. Nayak, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 28.03.2025
03. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Saheed Nagar P.S. Case No. 380 of 2016 came to be registered
against the petitioners corresponding to C.T. Case No. 3008 of
2016, presently pending in the court of the learned SDJM,
Bhubaneswar.
3. The allegation against the petitioner is that on 02.07.2016
the informant lodged a written report before the IIC Saheed Nagar
Police Station inter alia alleging therein that on 01.07.2016 at about
03:40PM while the informant along with her husband, younger
brother and sister in law were consulted with some customers in
their business godown namely Durga Timber Depot situated at G-
34, V.S.S. Nagar, P.S. Saheed Nagar, Bhubaneswar, all of a sudden
the petitioners along with two of their associates entered in to the
said Timber. It is further alleged that the Petitioner No. 2 assaulted
the husband of the informant by means of sword. It is also further
alleged that before understanding anything the petitioner no-1 gave
push blow on the husband of the informant for which he fell down
and while the informant tried to rescue her husband, the petitioner
no. 1 threw chili dust particles to her eyes and thereafter tied her
neck by means of her skirt (PANATA KANl) with an intention to
strangulate her. It is also further alleged that the petitioner No.-l
with a shouted to the petitioner no-2 to kill the husband of the
informant by using slang languages and that time the younger
brother and the sister in law of the informant namely Sandhyarani
Mishra being apprehending of danger to the life of the informant
rescued her from the clutches of the petitioner nol. It is further
alleged that on hearing hula when the inhabitants of the locality
came and gathered the petitioners along with their associated fled
away from the spot. Again it is alleged that the informant thereafter
informed to the PCR and with the help of Police Officials the
husband of the informant got admitted to the capital hospital for
emergency treatment. Hence, the FIR.
4. The opposite party no.2 is the daughter of petitioner no.1
and sister of petitioner no.2. The charge sheet in the present case
has been filed on 27.02.2017. However, cognizance of the offence
has not yet been taken. The petitioners had been granted
anticipatory bail by this Court vide order dated 08.11.2016 in
ABLAPL No. 11478 of 2016. When the matter stood thus, the
parties have entered into a settlement and on the basis of such
settlement, the petitioners are seeking quashing of the entire
criminal prosecution.
5. The petitioners 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. Opposite party no.2 has also filed an affidavit dated
03.12.2024 inter alia stating as under:-
"2. That I have lodged the FIR against my mother Santilata
Hota, aged bout 65 years, wife of late Braja Kishore Hota
and younger brother Sanjeeb Kumar Hota, son of Late
Braja Kishore Hota.
3. That the FIR was lodged due to misunderstanding
between I and the accused persons. Now I and the accused
persons (Mother and brother) are residing happily and
peacefully in the society and there is no such ill feeling
amongst us.
4. That it is further respectfully submitted that I don't have
any objections if the case will be dropped/ quashed against
the accused persons.
5. That the facts stated above are true to the best of my
knowledge and belief and I put my signature in this
affidavit after read over and explained the contents of the
affidavit in Odia language to me by my counsel and I found
it correct as per my dictation. I sworn this affidavit out of
my own volition, sweet will, without any fraud, coercion,
undue influence and misrepresentation from any corner.
6. On the query from the Court, opposite partyno.2, who is
present in Court submits that she has no grievance left with her
mother and brother as they have settled the dispute amicably.
Therefore, she joins with the petitioners praying for quashing of the
entire criminal prosecution.
7. Ms. Moharana, learned counsel for the State submits that
the parties are related and they have settled their dispute. More over
the present proceeding is pending since 2016 and the trial is not at
all proceeding in the present case. Therefore, there is no legal
impediment to quash the proceeding.
8. 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 enure to the benefit to either parties and,
therefore, in these circumstances subjecting the petitioners to rigors
of the trial is destined to be futile exercise. The case of the
petitioners are 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.
9. Accordingly, the criminal proceeding in connection with
Saheed Nagar P.S. Case No. 380 of 2016 corresponding to C.T.
Case No. 3008 of 2016, pending in the court of the learned SDJM,
Bhubaneswar is quashed.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB MOHAPATRA
Location: High Court of Orissa
Date: 28-Mar-2025 14:16:08
