Research › Search › Judgment

High Court of Orissa · body

2024 DAILYLAW 150 (ORI)

SHYAM SUNDAR JINDAL v. M/S QUARTZ INFRA AND ENGINEERING PVT. LTD., HYDERABAD

CRLMC/2698/2024 · 2026-01-30

S K Panigrahi

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2698 of 2024 With CRLMC No.2600 of 2024 Shyam Sundar Jindal ..…... Petitioner(s) Mr. S.P. Mishra, Sr. Adv. along with associate -Versus- M/s. Quartz Infra and Engineering Pvt. Ltd. ……. Opposite Party(s) Mr. Subir Palit, Sr. Adv. along with associate CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 30.01.2026 Order No. 01. 1. These matters are taken up through hybrid arrangement. 2. Since both the CRLMC are inter-linked, the same are heard together and are being disposed of by this common order. However, this Court felt it apposite to deal the CRLMC No.2698 as the leading case for proper adjudication of both the cases. 3. Heard learned counsel for the parties. 4. The Petitioner has filed this CRLMC with a prayer to quash the criminal proceeding in 1CC Case No.74 of 2017 pending in the Court of learned Sub-Divisional Judicial Magistrate, Talcher. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 30-Jan-2026 16:43:04 Signature Not Verified 2 5. Learned counsel for both the parties submits that in the meantime, the matter has amicable been settled between the Petitioner and the informant. In this regard, a joint affidavit dated 20.01.2026 has been filed by both the parties. 6. The relevant portion of the joint affidavit filed by both the parties is extracted hereunder: “xxx xxx xx 7. That in view of the bonafide settlement, the substratum of the complaint does not survive, and no useful purpose would be served by continuing the criminal proceedings. The continuation of the proceedings would only amount to an abuse of the process of the court. 8. That both parties respectfully submit that once the complainant is no longer willing to support the prosecution and has settled the dispute which gave rise to the complaint, this Hon’ble Court, in exercise of its inherent powers under Section 482 of the Cr.P.C., may quash the proceedings to secure the ends of justice. 9. That both parties pray that in light of the compromise and in the interest of justice, the proceedings in I.C.C. Case No.74 of 2017 pending before the learned S.D.J.M., Talcher, along with the order dated 05.12.2025 be quashed.” 7. Considering the contents of the affidavit filed by the informant/ Opposite Party No.2 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 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 30-Jan-2026 16:43:04 Signature Not Verified 3 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. 8. In view of the aforesaid discussion and considerations, the application is allowed. Accordingly, the criminal proceeding initiated against the Petitioner in 1CC Case No.74 of 2017, pending in the court of learned Sub-Divisional Judicial Magistrate, Talcher is hereby quashed. 9. Accordingly, the CRLMC No.2698 of 2024 is disposed of. 10. Consequently, the connected CRLMC No.2600 of 2024 is also disposed of in terms of the order passed today in CRLMC No.2698 of 2024 . ( Dr. Sanjeeb K Panigrahi) Judge Murmu 3 2014 (II) OLR 452