IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4813 of 2025 Laxmidhar Samal & Anr. .... Petitioner(s) Mr. Harekrushna Dash, Adv. -Versus- State of Odisha & Anr. …. Opposite Party (s) Mr. Sonak Mishra, ASC Mr. Panchanan Panigrahi, Advocate CORAM: THE HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.02.2026 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 proceeding in connection with Binjharpur P.S. Case No.35 of 2016 corresponding to G.R Case No.97 of 2016 pending in the court of the learned SDJM, Jajpur. 3. The brief facts of the case, as alleged, are that on 08.12.2015 the Opposite Party No.2 lodged an FIR before Binjharpur P.S. alleging therein that three persons, namely, the present petitioners and one Prasanna Samal entered the house of the daughter in law of Dharitri Samal and assaulted the informant and threatened to put fire the house. It is further alleged that on 02.02.2016 at about 10 pm those three persons have put fire into the house and fled away from the spot in the wat of their own land. At that time the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 15:06:45 Signature Not Verified 2 informant contacted the police station over telephone and they have seen that some agricultural crops have destroyed. 4. Learned counsel for the Petitioners submits that the petitioners and the informant belongs to one family. There was a civil dispute and due to certain misunderstanding, the aforesaid case was instituted against the petitioners. 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: - “1.That the present Criminal Miscellaneous Case (CRLMC) has been filed by the Petitioners (Accused Persons) seeking quashing of the entire criminal proceedings in Binjharpur P.S. Case No. 35 of 2016 corresponding to G.R. Case No. 97 of 2016 for offences under Section 436/34 of the Indian Penal Code. 2. That the case was instituted on the basis of a Written Report lodged by the Deponent, Pratap Kumar Samal (Opposite Party No. 2-the Informant). 3. That, the dispute which led to the registration of the aforesaid FIR was essentially personal and private in nature, arising out of a Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 15:06:45 Signature Not Verified 3 previous family grudge and certain misunderstandings. 4. That, we the petitioners and informants are belongs to one family, all dispute has been settled by both the parties with the intervention of well- wishers and local gentries, and taking into account their existing family relationship, we, the Deponents, have amicably resolved and settled all our disputes outside the court. 5. That, the Deponent, Pratap Kumar Samal- the Informant, confirms that he has no grievance whatsoever against the Petitioners (Accused Persons) at present and has taken a conscious decision not to proceed further with the criminal case 6. That the Deponents affirm that the settlement is genuine, voluntary, and free from any coercion or undue influence 7. That the continuation of the criminal proceedings would serve no useful purpose as the matter has been amicably settled, and would only result in the abuse of the process of law and unnecessary harassment to the parties. 8. That the Deponent-the Informant expresses his “No Objection” to the quashing of the FIR and the entire criminal proceedings arising there from against the Petitioners.” 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 Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Feb-2026 15:06:45 4 useful purpose and is likely to culminate in a failure of prosecution. 7. Accordingly, the CRLMC is allowed. The Binjharpur P.S. Case No.35 of 2016 corresponding to G.R Case No.97 of 2016 pending in the court of the learned SDJM, Jajpur, is hereby quashed. 8. The CRLMC is disposed of, accordingly. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali