Extracted from the PDF above. The PDF is authoritative.
Page 1 of 4.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.811 of 2024 Rima Ray and others ..... Petitioners
Represented By Adv. – Mr. Rakesh Kumar Mallick -versus- State of Odisha and another ..... Opposite Parties
Represented By Adv. – Ms. B.K. Sahu, AGA Mr. Basudev Mohapatra, Advocate for the O.P. No.2
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 10.12.2025
Order No.
02.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioners, learned counsel for the Opposite Party No.2-Complainant/Informant, and
learned counsel for the State-Opposite Party No.1. Perused the application as well as the prayer made therein.
3. By filing the present application under Section 482 of Cr.P.C., the Petitioners seek to invoke the inherent power of this Court to quash the entire criminal proceeding initiated against them in ICC Case No.127 of 2021 pending in the file of the learned J.M.F.C., Soro.
Page 2 of 4.
4. The above noted complaint case was initiated at the instance of the Opposite Party No.2 as a Complainant alleging commission of offences punishable under Sections 447/448/294/379/506/354/34 of the I.P.C.
5.
Learned counsel for the Petitioners, at the outset, contended that vide order dated 29.04.2025, the matter was referred to the Orissa High Court Mediation Centre for amicable resolution of the dispute. In the meantime, the mediation report has been submitted indicating that the mediation has become successful. A copy of such mediation report dated 29.06.2024 has already been filed and the same is on record. On perusal of the report of the learned Mediator dated 29.06.2024, it appears that the mediation has become successful and the parties are agreed to settle the dispute amicably. On such ground, learned counsel for the Petitioners contended that further continuance of the present criminal proceeding would be an abuse of process of law. He further contended that since the Complainant/Informant is no more interested to proceed further in this case, sending the case for trial would be wastage of valuable time of court.
6.
Learned counsel for the Opposite Party No.2- Complainant/Informant supported the submission made by the
learned counsel for the Petitioners. Further, referring to the affidavit filed by the Opposite Party No.2-Complainant/Informant on 29th June, 2024, learned counsel for the Opposite Party No.2- Complainant/Informant contended that the Opposite Party No.2- Complainant/Informant will have no objection in the event this
Page 3 of 4. Court quashes the entire criminal proceeding.
7.
Learned counsel for the State, on the other hand, submitted that the mediation report reveals that the mediation proceeding has become successful and the parties have agreed to resolve the dispute amicably. In such view of the matter, learned counsel for the State contended that he will have no objection in the event this Court passes any order to secure the ends of justice.
8. Having heard the learned counsels appearing for the respective parties and on careful consideration of the background
facts of the present case, further taking note of the subsequent development, particularly the report of the learned Mediator dated 29.06.2024, as well as the affidavit filed by the parties before this Court, this Court observes that in fact the matter has been settled through mediation, as is evident from the mediation report dated
29.06.2024.
9. In view of the aforesaid development, this Court is of the view that permitting the case to continue will amount to abuse of process of law, as there is less possibility of conviction.
10. In view of the aforesaid position and further taking note of the report of the mediation, this Court is inclined to quash the entire criminal proceeding.
11. Accordingly, the Criminal Miscellaneous Case is allowed and the entire criminal proceeding launched against the Petitioners vide I.C.C. No.127 of 2021 pending in the court of the learned J.M.F.C., Soro, is hereby quashed, so far as the present Petitioners
Page 4 of 4. are concerned. The learned J.M.F.C., Soro or the court in seisin over the matter shall, on receipt of this order/production of the certified copy of this order, close the proceeding in the aforesaid case in compliance of this order.
( A.K. Mohapatra)
Judge Debasis