[Cites 3, Cited by 0]
Orissa High Court
Kalyan Kumar Chatterjee vs State Of Odisha & Anr. ..... Opposite ... on 6 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3551 of 2025
Kalyan Kumar Chatterjee ..... Petitioner (s)
Mr. Saroj Kumar Routray,
Advocate
-versus-
State of Odisha & Anr. ..... Opposite Party (s)
Mrs. Sarita Moharana, ASC
Mr. Debi Prasad Mohanty,
Advocate for O.P No.2
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order No. 06.03.2026
1. This matter is taken up through hybrid
arrangement.
2. The Petitioner has filed this CRLMC with a prayer
to quash the I.C.C Case No.53 of 2023 dated 28.08.2023
pending in the court of the learned SDJM, Athagarh.
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 is
extracted hereinbelow: -
"1. I Kalyan Kumar Chatterjee,
Deponent-1 aged about 70 Years, S/o-Late
Nirod Baran Chatterjee, and Permanent
resident of At- Plot No. 119/953, Ananta
Vihar, P.O- Pokhariput, P.S- Airfield Dist-
Khurda.
AND
2. I Kushal Chatterjee, Deponent-2 aged
about 73 years, S/o- Late Nirod Baran
Chatterjee, Permanent residing At- Plot No.
864, West Bindusagar, Old Town,
Bhubaneswar Dist- Khurda, Odisha do hereby
solemnly affirm and state as follows-
3. That the Deponent no-2 is the
informant/Opposite Party No.2 in the
aforementioned CRLMC application which
arising out of 1CC Case No. 53 of 2023, which
is pending in the Court of the learned
S.D.J.M, Athagarh, for commission of
offences 294,323,506 of I.P.C.
4.That hat the alleged misunderstanding
has been sorted out and the matter has been
amicably settled as we both are two brothers
now live peacefully and happily. Hence we
both no longer interested to proceed with the
aforementioned complaint case and
continuance of the case shall not sub serve any
purpose.
5.That That in view of the above facts and
circumstances we are swearing this affidavit
and declaring to the effect that if the matter be
considered and CRLMC is allowed we have no
objection.
6.That the deponent no.2 has no objection
if the entire proceeding initiated against the
deponent no.1 is quashed herewith.
7.That we are swearing this affidavit
without any threat pressure or any undue
influence.
8. That, we are swearing this affidavit on
our own sweet will and without any pressure,
coercion and threat from anyone whatsoever.
9. That, the facts stated above are true to
the best of our knowledge and belief."
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. Consequently, the I.C.C Case
No.53 of 2023 dated 28.08.2023 pending in the court of the
learned SDJM, Athagarh 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
