[Cites 2, Cited by 0]
Orissa High Court
Shaikh Imran & Ors vs State Of Odisha & Anr. .... Opposite ... on 2 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3337 of 2024
Shaikh Imran & Ors. .... Petitioner(s)
Mr. Haripad Mohanty, Adv.
-versus-
State of Odisha & Anr. .... Opposite Party(s)
Mr. U.R. Jena, AGA
Md. Faradish, Md. Masihullah,
Adv. (for O.P. No.2)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
04. 02.02.2026
1.
This matter is taken up through hybrid arrangement.
2. Heard.
3. In the present CRLMC, the Petitioners have challenged the order
dated 11.07.2024 passed by the learned J.M.F.C. (City), Cuttack in
G.R. Case No.191 of 2024 arising out of Mangalabag P.S. Case No.81
of 2024.
Apart from the above, the Petitioners have also sought to quash
the entire criminal proceeding initiated against them.
Signature Not
Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Senior
4. It appears from the case record that the informant has filed an
Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 03-Feb-2026 19:28:53
affidavit dated 03.09.2024, which reads as under:
"1. That I am the informant in Mangalabag P.S. Case No.81
of 2024 corresponding to GR Case No.191/2024 pending in
the court of JMFC (City) Cuttack.
2. That due to a misunderstanding there was an altercation
between me and the present petitioners herein.
3. That being aggrieved I had lodged the aforesaid FIR in a
hot haste and the petitioner no.1 is my husband, petitioner
no.2 is my mother in law and petitioner no.3 is my sister in
law.
4. That due to the intervention of family members of both the
sides so also local gentries in the meantime there has been
amicable settlement between us i.e. the present petitioners
herein and me.
5. That I am residing with my husband and in laws in my
in-laws house peacefully.
6. That I have no objection if the preset Criminal
Miscellaneous Application is arising out of Mangalabag
P.S. Case No.81 of 2024 corresponding to GR Case No.191
of 2024 pending in the court of JMFC (City) Cuttack is
allowed by this Hon'ble Court.
7. That I don't want to proceed further in the aforesaid case.
8. That I am swearing this affidavit before the OATH
Commissioner of this Hon'ble Court without any
fear/threatening and on my own volition."
5. As per order dated 16.01.2026, learned counsel for the State was
asked to obtain instruction on the said affidavit filed by the
informant. Today, learned counsel for the State has produced the
written instruction dated 28.01.2026 received from the I.I.C.,
Mangalabag P.S., which reads as under:
"With reference to the subject cited above, I have the honour
to state that as per your good office, I deputed SI Debabrata
Mohanty of Mangalabag PS (IO of the case) to enquire into
the matter. During the enquiry, he visited the residence of
the informant, Smt. Nazia Salam (wife of Shaikh Imran),
currently residing at her in-laws' house in Jholasahi,
Cuttack, within Purighat PS limits. She stated that she is
now living peacefully with her husband and in-laws.
Furthermore, she confirmed that she voluntarily executed an
affidavit on dt. 03.09.2024 before the Oath Commissioner of
the Orissa High Court. She expressed that she has no
objection, if the proceeding is quashed in connection with
Mangalabag PS Case No.81 of 2024 (GR Case
No.191/2024), currently pending in the Court of the learned
JMFC (City), against all accused persons."
The written instruction is taken on record.
6. Considering the contents of the affidavit filed by the Opposite
Party No.2/informant and the written instruction produced by the
learned counsel for the State in Court today and taking into account
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, wherein 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.
7. In view of the aforesaid discussion and considerations, the
application is allowed. Accordingly, the entire criminal proceeding
initiated against the Petitioners in Mangalabag P.S. Case No.81 dated
(2012) 10 SCC 303
2014 (II) OLR 29
2014 (II) OLR 452
12.03.2024 corresponding to G.R. Case No.191/2024, pending before
the learned J.M.F.C. (City), Cuttack, stands quashed.
8. This CRLMC is, accordingly, disposed of.
9. Pending application (s), if any, shall also stand disposed of.
10. Interim order, if any, passed earlier stands vacated.
11. Issue urgent certified copy of this order as per Rules.
( Dr. Sanjeeb K Panigrahi)
Judge
Sipun
