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2025 DAILYLAW 4899 (ORI)

GOUDA SAHU v. STATE OF ODISHA

CRLMC/5405/2025 · 2026-02-04

S K Panigrahi

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5405 of 2025 Gauda Sahu & Ors. …. Petitioner(s) Mr. Prasanta Kumar Panda, Adv. -versus- State of Odisha & Anr. …. Opposite Party(s) Mr. Udit Ranjan Jena, AGA Mr. Susanta Kumar Jethy, Adv. CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 04.02.2026 02. 1. This matter is taken up through hybrid arrangement. 2. In the present CRLMC, the Petitioners have prayed for quashing of the entire criminal proceeding initiated against them in connection with G.R. Case No.145/2022 corresponding to Jarada P.S. Case No.120/2022 dated 18.03.2022 pending before the Court of learned Presiding Officer, OPID-cum-Addl. District Judge, Berhampur in T.R. No.332 /2023. 3. Heard. 4. It is well settled that although the offences under Sections 341, 294, 323, 324, 326, 307, 354-B, 452, 506 and 34 of the I.P.C are non-compoundable, the High Court, in exercise of its inherent jurisdiction under Section 482 of the Cr.P.C., is not denuded of power to quash the criminal Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Feb-2026 18:20:20 Signature Not Verified p. 2 proceeding where the dispute is essentially private and matrimonial in nature and the parties have voluntarily arrived at a genuine and complete settlement. The underlying object of such exercise is to secure the ends of justice and to prevent abuse of the process of the Court. Where continuation of the criminal proceeding, despite an amicable settlement, would serve no fruitful purpose and would only perpetuate bitterness between the parties, the High Court would be justified in interdicting the prosecution, particularly when the informant himself has unequivocally expressed his consent for such quashing. 4. Considering the contents of the joint affidavit filed by the Petitioners and the Opposite Party Nos.2 & 3/ informant 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. 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Feb-2026 18:20:20 Signature Not Verified p. 3 5. In view of the aforesaid discussion and considerations, the application is allowed. Accordingly, the entire criminal proceeding initiated against the Petitioners vide G.R. Case No.145/2022 corresponding to Jarada P.S. Case No.120/2022 dated 18.03.2022 pending before the Court of learned Presiding Officer, OPID-cum-Addl. District Judge, Berhampur in T.R. No.332 /2023 stands quashed. 6. This CRLMC is, accordingly, disposed of. 7. Interim order, if any, passed earlier stands vacated. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant