Citation : 2026 Latest Caselaw 701 Ori
Judgement Date : 29 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 5103 of 2025
Hareram Mandal & Anr. .... Petitioner(s)
Mr. Panchanan Sahoo, Adv.
-Versus-
State of Odisha & Anr. .... Opposite Party (s)
Mrs. Sarita Moharana,
ASC
Mr. Ranjit Mohanty,
Advocate for O.P No.2
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
29.01.2026 Order No.
03.
1. This matter is taken up through hybrid arrangement.
2. The Petitioners have filed this CRLMC with a prayer to
quash the Charge Sheet dated 31.01.2025 in Spl. G.R. No.177 of
2024/TR 24/25, arising out of Krushnaprasad P.S. Case No.248 of
2024 pending in the Court of the learned Spl. Judge, Puri.
3. The brief facts of the case, as alleged, are that on 07.09.2024
the Opposite Party No.2 lodged an FIR before Krushna Prasad P.S.
alleging therein that the aforesaid two petitioners assaulted her
husband, namely, Sudarshan Jayasing who is a primary school
teacher and used slang language naming his caste. The police
registered the FIR as Spl. G.R. No. 177 of 2024 and the matter is
now pending before the learned special Judge, Puri.
4. However, in the meantime, the dispute between the parties
has been resolved. So, on that premises, the dispute has been
resolved by way of filing a joint affidavit in front of the village
gentries and they wished to put an end to all kinds of ill feelings
towards one another.
5. This Court perused the joint affidavit filed by the parties.
The contents of the Joint Affidavit are extracted hereinbelow: -
"We, 1) Stutimayee Behera, W/o. Sudarsan Jayasing of Vill-Kholamuhan, P.O- Sial, P.S- Krushna Prasad, Dist- Puri (Informant), 2) Hareram Mandal, S/o. Late Haripada Mandal, At- Narendrapur, PO-Bainchia, Dist- Bhadrak, 3) Bipin Bihari Palai, S/o. Dhaneswar Palai, At- Morada, PO- Sial, Via- Brahmagiri, District- Puri , do hereby solemnly affirm and states as follows :-
1. That, we are the informant and the accused in the Spl. G.R. Case No. 177 of 2024 pending before the learned Special Judge, Puri arising out of Krushnaprasad P.S. Case No.248/2024.
2. That, the aforesaid case has been compromised between us in the presence of village gentries on 27.09.2024 and we have decided not to proceed further in the aforesaid case in the interest of justice as we want to lead a peaceful life.
3. That, the affidavit has been filed before this
Signed by: GITANJALI NAYAK Court and we further states that the informant will
Location: OHC not proceed further in the said case and want to Date: 29-Jan-2026 17:52:29
withdraw/ set-aside the aforesaid case in the better interest of both parties.
4. That, we pray the Hon'ble Court may pass an order to set-aside the aforesaid case in the interest of justice.
5. That, the facts stated above are true to the best of our knowledge and belief."
6. In view of the foregoing discussion, this Court is of the
considered opinion that the dispute in question deserves to be put
to rest, as continuation of the criminal proceeding would serve no
useful purpose and is likely to culminate in a failure of
prosecution.
7. Accordingly, the CRLMC is allowed. The Charge Sheet
dated 31.01.2025 in Spl. G.R. No.177 of 2024/TR 24/25, arising out
of Krushnaprasad P.S. Case No.248 of 2024 pending in the Court of
the learned Spl. Judge, Puri, is hereby quashed.
8. The CRLMC is disposed of, accordingly.
(Dr. Sanjeeb K Panigrahi) Judge
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