Victim vs State Of Odisha & Anr. ..... Opposite ...
2026 Latest Caselaw 1752 Ori

Orissa High Court

Victim vs State Of Odisha & Anr. ..... Opposite ... on 24 February, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       CRLMC No.432 of 2026
                     Victim                     .....                Petitioner (s)
                                                      Mr. Satya Narayan Mishra-4,
                                                                          Advocate
                                             -versus-
                     State of Odisha & Anr.    .....             Opposite Party (s)
                                                           Ms. Gayatri Patra, ASC
                                                      Mr. Ipsa Rajguru Mohapatra,
                                                                         Advocate
                                            CORAM:
                       THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
                                             ORDER

Order No. 24.02.2026

1. This matter is taken up through hybrid arrangement.

2. The Petitioner has filed this CRLMC with a prayer to

quash the FIR in connection with Khaira P.S. Case No.262 dated

24.08.2025, corresponding to C.T Case No.1335 of 2025 pending

in the Court of the learned JMFC, Soro.

3. Learned counsel for the Petitioner submits that the matter

has been amicably settled between the parties. A Joint Affidavit

has been filed to that effect which shall form a part of the record.

The contents of the Joint Affidavit are extracted hereinbelow: -

"We, the Victim. (Hereinafter referred to as Deponent No. 1/Informant) and Baruna Nayak @ Baruna Kumar Nayak, aged about 30 years, S/o Charan Nayak, Village- Dandapalasa, P.S.-Soro, Dist-Balasore. (Hereinafter referred to as Deponent No.

Reason: Authentication Page 1 of 4.

2/Accused), do hereby solemnly affirm and state on oath as under:

1. That we are the informant and the accused respectively in the aforementioned FIR and are fully conversant with the facts and circumstances of the case. We are competent and duly authorized to swear this joint affidavit.

2. That Deponent No. 1, being the Informant, had lodged an FIR against the Deponent No. 2 vide Khaira PS Case No.262 dated 24.08.2025 for the commission of offence punishable under sections 64(1)/303(2) /115(2)/ 351(2) of BNS,2023.

3. That the said FIR was lodged due to a misunderstanding and some personal disputes that arose between the parties at the spur of the moment with regard to giving and taking of money. The parties are known to each other and reside in the same locality. They both have their respective shops in front of each other.

4. That with the intervention of respectable members of the community, elders, and mutual friends, the parties have amicably settled all their disputes and differences. We have entered into a compromise without any coercion, undue influence, pressure, or threat from any side.

5. That we, the deponents, have resolved

Signed by: GITANJALI NAYAK put an end to the ongoing criminal Reason: Authentication Page 2 of 4.

Location: OHC Date: 26-Feb-2026 17:51:32 proceedings to restore peace and harmony between our families and to move forward in our lives.

6. That Deponent No. 1 (the Informant) states that she has no grievance or claim whatsoever against Deponent No. 2 (the Accused). Deponent No. I voluntarily and unequivocally agrees to withdraw all allegations levelled against the accused person.

7. That Deponent No. 1 has no objection if the aforesaid FIR i.e. Khaira PS Case No.262 dated 24.08.2025 and all consequential proceedings arising therefrom, including the criminal case pending before the JMFC, Soro as C.T. Case No.1335 of 2025, are quashed by this Hon'ble Court.

8. That we state that the compromise is genuine, voluntary, and for the betterment of both parties.

Continuing the criminal proceedings would be a futile exercise and an abuse of the process of the court, as the chances of conviction are bleak in light of the settlement.

9. That we undertake to abide by the terms of the compromise and will not initiate any further civil or criminal proceedings against each other in respect of the subject matter of the said FIR.

10.That we are filing this joint affidavit to bring the fact of our amicable settlement on record and to pray for

Signed by: GITANJALI NAYAK proceedings in the interest of justice. Reason: Authentication Page 3 of 4. Location: OHC Date: 26-Feb-2026 17:51:32

11.That the facts stated in the present affidavit are all true to the best of our knowledge, belief and based on record and explained to us in Odia."

4. Considering the contents of the joint affidavit filed by the

Petitioner and the Opposite Party No.2/ Complainant and following

the ratio laid down by the Supreme Court in Gian Singh v. State of

Punjab and another1 and two other reported cases of this Court in

Lokanath @ Anadi Sethi and four others v. State of Orissa and four

others2, and Sansuri alias Khageswar Lenka and another -vrs.- State

of Orissa and Another3, this Court is of the opinion that no useful

purpose will be served in allowing such proceedings to continue the

criminal proceeding in the aforesaid case as it will only lead to abuse

the process of law.

5. In view of the aforesaid discussion and considerations, the

application is allowed. Accordingly, the FIR in connection with

Khaira P.S. Case No.262 dated 24.08.2025, corresponding to C.T

Case No.1335 of 2025 pending in the Court of the learned JMFC,

Soro is hereby quashed.

6. This CRLMC is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Gitanjali

1 (2012) 10 SCC 303

2 2014 (II) OLR 29

3 2014 (II) OLR 452 Signed by: GITANJALI NAYAK Reason: Authentication Page 4 of 4. Location: OHC Date: 26-Feb-2026 17:51:32