p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4918 of 2024 Niranjan Mohanty … . Petitioner(s) Mr. S.R. Polei, Advocate -versus- State of Odisha and Others … . Opposite Party(s) Mr. S.B. Panda, ASC Mr. Biswajit Pasayat, Advocate for O.P. Nos.2 & 3 CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.01.2025 01. 1. Heard. 2. At the instance of opposite party No.2, the F.I.R. dated 10.09.2023 in Jankia P.S. Case No.305 of 2024 came to be registered against the petitioner for the alleged commission of the offences under Sections 294/323/325/506 of I.P.C. 3. On 10.09.2024, the informant being the opposite party No.2 lodged a written report before the O.I.C., Jankia P.S., alleging therein that on the same day at about 12 noon, while Opposite Party No.3 was standing in front of the P.S., all of a sudden without any provocation, the Petitioner abused him in filthy languages and assaulted by a stone. O.P.No 3 sustained bleeding injury on his head. It is further p. 2 alleged that after knowing such incident, when the Ward Member of Panchayat Samiti, Iswar Chandra Martha asked the petitioner he scolded and also assaulted him. Hence, the F.I.R. 4. The petitioner and the opposite party Nos.2 and 3 are present in the Court and being represented by their respective counsels and identified them. They have also filed self-attested copies of their Aadhaar Cards to establish their identity, which are taken on record. 5. The investigation in the present case is still going on. The injury sustained by the opposite party No.3 appears to be simple in nature. When the matter stood thus, the parties have entered into settlement and the petitioner has filed the present petition. The opposite party Nos.2& 3 have filed joint affidavit dated 27.01.2025 inter alia stating as under:- “2. That, the Oppo. Party No.2 in the aforesaid Criminal Misc. Case, being the informant lodged a written complaint before the I.I.C., Jankia Police Station against the present petitioner, which was registered as Jankia P.S. Case No.305 dtd.10.03.2023, corresponding to G.R. Case No.969 /2023, under Section 294,323,325,506 of IPC, which is pending in the court of learned J.M.F.C. (COG), Khurda. 3. That, during the pendency of the above noted G.R. Case, the dispute between the Opp. Party No.2 (Informant) & Opp. Party No.3(Injured) and the Petitioner/Accused person have been amicably settled out of Court, with the intervention of local gentries and well- wishers. Due to such settlement and in p. 3 order to maintain the future peace among the parties, the Opp. Party No.2 (Informant) & Opp. Party No.3(Injured) express their unwillingness to proceed further in the case. 4. That, in view of such amicable settlement, the Opp. Party No.2/Informant does not want to proceed the aforesaid criminal case further as against the present petitioner. It is relevant to submit herewith that the present case has been foisted by the Opp. Party No.2 due to political misunderstanding and village rivalry. 5. That, the Oppo. Party No.2 (Informant) & Opp. Party No.3 (Injured) have no objection, if the criminal proceeding/F.I.R. made against the present Petitioners may be quashed by this Hon’ble Court in the above Criminal Miscellaneous Application. 6. That, it is also submitted here that, in event of continuance of the present proceeding, there is ever chance/possibility of ill-feeling among the parties to which neither the Opp. Party No.2 (Informant) & Opp. Party No.3 (Injured) nor the petitioner intending for.” 7. The opposite party No.3 (injured), who is present in the Court on the query from the Court has stated that he had received minor injury on his head and was never admitted in the hospital and they have settled the disputed with the Petitioner. Hence, they join with the petitioner praying for quashing of the entire criminal prosecution initiated by them against the petitioner. Since the parties are settled the dispute and filed an affidavit before this Court and the nature p. 4 of allegation are minor. There is no legal impediment in quashing the F.I.R. 8. Mr. S.Panda, learned Additional Standing Counsel for the State submits that since the allegations are minor and the parties have settled all their disputes, this Court may give indulgence in the present matter as there is no legal impediment. 9. Regard being had to the fact that the parties have settled their dispute and keeping in view the judgment of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675, I am of the considered view that subjecting the petitioner to the rigors of the trial would be a futile exercise. Therefore, the petition deserves merit. 10. Accordingly, the criminal proceeding in connection with Jankia P.S. Case No.305 of 2023 corresponding to G.R. Case No.969 of 2023 pending in the Court of the learned J.M.F.C.(COG), Khurda and the consequential proceedings arising therefrom qua the petitioner are quashed subject to petitioner paying cost of Rs.5,000/- (Rupees five thousand) to the Opp. Party no 2 & 3 within two days and file receipt thereof. 11. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Narayan