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2026 DAILYLAW 9593 (ORI)

ASHOK KUMAR PATTANAIK@ ASHOK PATNAIK v. STATE OF ODISHA

CRLMC/475/2026 · 2026-02-13

S K Panigrahi

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.475 of 2026 Ashok Kumar Pattanaik @ Ashok Patnaik & Ors. ..... Petitioner (s) Mr. Suryakanta Dwibedi, Advocate -versus- State of Odisha & Anr. ….. Opposite Party (s) Ms. Gayatri Patra, ASC CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 13.02.2026 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have filed this CRLMC with a prayer to quash the entire criminal proceeding in connection with G.R Case No.148 of 2026, arising out of Pahala P.S. Case No.33 of 2026 pending in the file of the learned J.M.F.C.(O), Bhubaneswar. 3. Learned counsel for the Petitioners submits that the matter has been amicably settled between the parties. A Joint Affidavit has been filed to that effect. The contents of the Joint Affidavit is extracted hereinbelow: - “1. That the petitioners are arrayed as accused persons in connection with G.R Case No. 148 of 2026 which is arising out of Pahala P.S Case No. 33 of 2026 pending in the file of the learned J.M.F.C. (O), Bhubaneswar. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 13-Feb-2026 18:27:53 Signature Not Verified Page 2 of 3. 2. That on the behest of the Opp. Party No. 2 the above-mentioned case was initiated against the petitioners for the commission of the alleged offences punishable under Section 126(2)/296/3(5)/351(2) of the ENS, 2023. 3. That, it is alleged in the FIR that on 18.01.2026 at about 1.30 pm when he was inside his parking area, the present petitioners came to him started scolding in vulgar languages and they also threatened to kill him and his son. At the time of the incident some persons were also present there. It is further alleged that the petitioners also threatened them in different occasions and other allegations are there. 4. That it pertinent to mention here that the petitioners and the 0pp. Party No.2 are residing in the same society i.e Surekha Niwas, Hanspal, Bhubaneswar. After the incident they approached to the informant and assured not to repeat such incident against the informant and his family members in future. 5. That during the pendency of the above- mentioned criminal proceeding due to intervention of the relatives, neighbors and well wishers, the disputes between them have been amicably settled and now the 0pp. Party No. 2 is no more interested to proceed with G.R No. 148 of 2026 which is arising out of Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 13-Feb-2026 18:27:53 Signature Not Verified Page 3 of 3. Pahala P.S Case No. 33 of 2026 pending in the file of the learned J.M.F.C.,(0), Bhubaneswar.” 4. Considering the contents of the joint affidavit filed by the Petitioners and the Opposite Party No.2/ Complainant 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, 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. 5. In view of the aforesaid discussion and considerations, the application is allowed. Consequently, the proceeding in connection with G.R Case No.148 of 2026, arising out of Pahala P.S. Case No.33 of 2026 pending in the file of the learned J.M.F.C.(O), Bhubaneswar is hereby quashed. 6. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali 1 (2012) 10 SCC 303 2 2014 (II) OLR 29 3 2014 (II) OLR 452