MR. JUNIOR WAFI WOHIENGU MACO DELL v. STATE OF ODISHA
CRLMC/3494/2025 · 2026-02-11
S K Panigrahi
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5103 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5103 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 3494 of 2025 Junior Wafi Wohiengu Maco Dell .... Petitioner(s) Mr. Gyana Ranjan Dhal, Adv. -Versus- State of Odisha & Ors. …. Opposite Party (s) Mr. Amitabh Pradhan, ASC Mr. Sudhir Ranjan Mohapatra,
Advocate
CORAM:
THE HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
11.02.2026
Order No.
06.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC with a prayer to quash the entire proceeding in connection with Bharatpur P.S Case No.823 dated 17.12.2024 corresponding to C.T. Case No.2290 of 2024 pending in the Court of the learned JMFC-V, Bhubaneswar.
3. The brief fact of the case, as alleged in the FIR, is that the informant, named, Pabitra Kumar Mohanty, who is working as Assistant Manager (SW), SOA deemed to be University is that Care Taker of Boys Hostel-1, Campus-5, Mr. Swabhiman Nayak has been stabbed by a student named Mr. Junior Wafi Wohiengu Maccoidell with the help of knife for delay in giving mattress to Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Feb-2026 18:09:48 Signature Not Verified
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him. Mr. Swbhiman Nayak sustained multiple injuries and he was rushed to IMS & SH for emergency medical treatment.
4.
Learned counsel for the petitioners submits that due to misunderstanding between the parties, the FIR was lodged. However, the matter has been amicably settled between the parties in the meantime. The Petitioner and the Opposite Party No.2 have filed a joint affidavit. 5. Perused the joint affidavit filed by the parties. The relevant contents thereof are extracted hereunder: —
“1. That the petitioner has preferred the above CRLMC application with a prayer to quash the entire proceeding including the F.I.R. of Bharatpur P.S. Case No.823 dated 17.12.2024 corresponding to C.T. Case No.2290 of 2024 pending in the court of learned J.M.F.C.-V, Bhubaneswar, District- Khurda. 2. That as the matter has been amicably settled between the petitioner and the injured victim (opp.Party No.3) Swabhiman Nayak @ Swaviman Nayak, the informant is not willing to run the case anymore. 3. That, both the parties swearing this affidavit to state that the matter has been amicably settled between them in the meantime.”
Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Feb-2026 18:09:48 Signature Not Verified
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6. The Petitioner and the Opposite Party No.3 have also filed a joint affidavit. The relevant contents thereof are extracted hereunder: —
“1. That the petitioner has preferred the above CRLMC application with a prayer to quash the entire proceeding including the F.I.R. of Bharatpur P.S. Case No.823 dated 17.12.2024 corresponding to C.T. Case No.2290 of 2024 pending in the court of learned J.M.F.C.-V, Bhubaneswar, District- Khurda. 2. That as the matter has been amicably settled between the parties, the injured victim (opp. Party No.3) Swabhiman Nayak @ Swaviman Nayak is not willing to run the case anymore. 3. That both the parties swearing this affidavit to state that the matter has been amicably settled between them in the meantime.”
7. Having perused the joint affidavits filed by the parties, this Court is of the view that the scope and ambit of the inherent powers of this Court under Section 482 CrPC is well settled. Such power is to be exercised sparingly, with circumspection, and only to secure the ends of justice or to prevent abuse of the process of Court.
At the same time, it is equally settled that the High Court, in appropriate cases, is not powerless to quash criminal proceedings even in respect of non-compoundable offences, if the facts and Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Feb-2026 18:09:48 Signature Not Verified
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circumstances so warrant and if continuation of the proceedings would amount to an abuse of the process of law. 8. This Court is conscious of the fact that quashing of criminal proceedings should not be permitted to defeat the object of special statutes. However, the peculiar facts of the present case, coupled with the unequivocal stand of the victim-informant and the subsequent developments, persuade this Court to hold that the ends of justice would be better served by putting an end to the criminal proceeding rather than allowing it to continue mechanically. 9. Considering the submissions advanced by learned counsel for the petitioner and upon careful perusal of the joint affidavit filed by the parties, this Court is of the considered view that the dispute between the parties has been amicably resolved. In the circumstances, continuation of the criminal proceeding at this stage would serve no useful or meaningful purpose and would only result in unnecessary prolongation of the proceedings and avoidable burden on the docket of the Court. 10. In view of the foregoing discussion, the CRLMC stands allowed. Consequently, Bharatpur P.S Case No.823 dated Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-Feb-2026 18:09:48
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17.12.2024 corresponding to C.T. Case No.2290 of 2024 pending in the Court of the learned JMFC-V, Bhubaneswar, is hereby quashed. 11. The CRLMC is disposed of, accordingly. (Dr. Sanjeeb K Panigrahi)
Judge Gitanjali