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2025 DAILYLAW 803 (ORI)

PURASTAM @ PURASHTTAM PRADHAN @ BABU v. STATE OF ODISHA

CRLMC/4356/2025 · 2026-01-05

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4356 of 2025 Purastam @ Purashttam Pradhan @ Babu ..... Petitioner Represented by Adv. - Anupam Dash -versus- 1) State Of Odisha ..... Opposite Parties 2) Bighneswar Pradhan 3) Laxmi Pradhan Represented by Adv. – Mr. S.K.Parhi, A.S.C. Arpit Sarangi, Adv. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 05.01.2026 02. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as the learned counsel appearing for the informant-Opposite Party No.2 and learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 of the Cr.P.C., the Petitioner seeks for quashing of the entire criminal proceeding arising out of Chamakhandi P.S. Case No.138 of 2020 which corresponds to G.R. Case No.606 of 2020 now pending in the file of learned S.D.J.M., Chatrapur on the ground of compromise. The aforesaid criminal proceeding was initiated on the basis of the F.I.R. lodged before the Chamakhandi PS alleging commission of an offence punishable Page 2 of 4. under Sections 341, 294, 323, 354B, 506, 34 of I.P.C. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner as well as the Opposite Party No.2-Informant belonging to the same locality and they are known to each other. He further contended that due to a misunderstanding the F.I.R. in the present case was lodged at the instance of the Informant-Opposite Party No.2. He further contended that in the meantime the matter has been amicably resolved and that both sides are residing peacefully in the locality. In the aforesaid context, learned counsel for the Petitioner has drawn the attention of this Court to the affidavit filed by the Opposite Party Nos.2 and 3 before this Court on 27.10.2025. Since the matter has already been amicably settled and the parties are residing peacefully in the locality, learned counsel for the Petitioner contended that the further continuance of the present criminal proceeding would be an abuse of process of law. On such ground, learned counsel for the Petitioner prayed for quashing of the entire criminal proceeding. 5. Learned counsel appearing for the Informant on the other hand while supporting the submissions made by the learned counsel for the Petitioner specifically referred to the affidavit filed by both Informant and injured-Opposite Party Nos.2 & 3 on 27.10.2025. Further referring to such affidavit, learned counsel for the Informant submitted that the dispute between the both groups has been resolved in the meantime with the intervention of well-wishers and local gentries. He further Page 3 of 4. submitted that since the dispute has been resolved and both sides are residing peacefully in the locality, the Opposite Party Nos.2 & 3 are no more interested to continue the present criminal proceeding. He further specifically submitted that the Informant-Opposite Party No.2 will have no objection in the event the entire criminal proceeding is quashed. 6. Learned counsel for the State on the other hand submitted that the matter has been amicably resolved which is evident from the report of the IIC, Chamakhandi PS dated 05.11.2025. A copy of the report of the IIC, Chamakhandi is placed on record for perusal of this Court. Upon going through the aforesaid letter dated 05.11.2025, this Court observes that the concerned IIC has specifically stated in his letter that the matter has been amicably settled and that the parties have some furnished a written undertaking before the IIC. On such ground, learned counsel for the State contended that although while the offences are serious in nature, however, since the matter has already been amicably settled, he will have no objection in the event this Court passes any order to secure the ends of justice. 7. Having regard to the submissions made by the learned counsel appearing for the parties, on a careful examination of the documents on record as well as the report of the IIC, Chamakhandi PS dated 05.11.2025, further taking note of the affidavit dated 27.10.2025 filed by the Opposite Party Nos.2 & 3 and the specific submissions of their counsel, this Court found that the dispute has already been resolved amicably. Page 4 of 4. Further, taking note of the nature and gravity of the allegation, this Court is of the view that such offences can never be considered as a crime against the society. Moreover, since the parties have resolved the dispute amicably and are living peacefully in the locality, further continuance of the present proceeding would definitely disrupt the peace and tranquillity in the locality. In the aforesaid factual backdrop, this Court is of the view that the present case is a fit case where this Court would exercise its inherent power to bring an end to the pending criminal proceeding. Accordingly, the criminal proceeding in Chamakhandi P.S. Case No.138 of 2020 corresponding to G.R. Case No.606 of 2020 is hereby quashed. 8. Accordingly, the CRLMC application stands allowed. ( A.K. Mohapatra ) Judge Rubi