Citation : 2026 Latest Caselaw 928 Ori
Judgement Date : 3 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 354 of 2026
Soubhagya Kumari Muni & Ors. ........ Petitioner(s)
Mr. Suryakanta Dwibedi, Adv.
-Versus-
State of Odisha & Ors. ....... Opposite Party(s)
Ms. Gayatri Patra, ASC
Mr. Bijay Kumar Behera, Adv.
(for O.P.2 & 3)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
03.02.2026 Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner has filed this CRLMC with a prayer to quash the
criminal proceeding in G.R. Case No.522 of 2023 arising out of
Khallikote P.S. Case No.202 of 2023 pending in the Court of
learned J.M.F.C., Khallikote.
4. Learned counsel for both the parties submits that in the
meantime, the matter has amicable been settled between the
Petitioners and the Opposite Party Nos.2 and 3. In this regard, a
5. The relevant portion of the joint affidavit filed by both the parties
is extracted hereunder:
"xxx xxx xxx
4. That during the course of the investigation the injured (Opp. Party No.3) was medically examined on police requisition and as per the injury report he has sustained two simple injuries and one grievous injury on his hip. In the meantime has been completely cured and following his ordinary pursuits without any difficulties.
5. That, during the pendency of the above-mentioned criminal proceeding due to intervention of the relatives, village gentries and well-wishers, the disputes between them have been amicably settled and now the Opp. Party No.2 and 3 are no more interested to proceed with G.R. Case No.522 of 2023 arising out of Khallikote P.S. Case No.202 of 2023 pending in the file of the learned J.M.F.C., Khallikote."
6. Considering the contents of the joint affidavit filed by both the
parties 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, 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.
(2012) 10 SCC 303
2014Not
Signature (II)Verified OLR 29 Digitally Signed
2014 (II) OLR 452 Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 03-Feb-2026 17:33:28
7. In view of the aforesaid discussion and considerations, the
application is allowed. Accordingly, the criminal proceeding
initiated against the Petitioners in G.R. Case No.522 of 2023
arising out of Khallikote P.S. Case No.202 of 2023, pending in the
court of learned J.M.F.C., Khallikote is hereby quashed.
8. Accordingly, the CRLMC is disposed of.
( Dr. Sanjeeb K Panigrahi) Judge
Murmu
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