CRLMC/2624/2026 of AJIT PARIDA @ BISWAJIT PARIDA Vs STATE OF ODISHA on 1 September 2026

ORDER

01.09.2026 Order No.

02.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners as well as the learned counsel appearing for the Opposite Party-Informant and learned counsel for the State. Perused the CRLMC application as well as the grounds taken therein and the prayer made by the Petitioners.

3. By filing the present application under Section 528 of the B.N.S.S., 2023, the accused-Petitioners seek quashing of the criminal case arising out of Gobindpur P.S. Case No.23 of 2019, which was registered for alleged commission of offence punishable under Sections 341, 294, 323, 379, 307, 506, 34 of

I.P.C. and that the same corresponds to S.T. Case No.4 of 2022, now pending before the learned CJM-cum-ASJ, Cuttack.

4. Learned counsel for the Petitioners, at the outset, contended that due to a misunderstanding between the Petitioners and the informant, the abovenoted F.I.R. was registered arraying the Petitioners as accused in that case. He further submitted that the injuries sustained by the injured are simple in nature, which is evident from the injury report collected in course of investigation and, filed at Annexure-3 to the present application. Therefore, the applicability of Section 307 of the I.P.C. was seriously disputed by the learned counsel for the Petitioners on the basis of the facts called out from the F.I.R. He further submitted that in the meantime, the matter has been amicably settled between the Petitioners and the informant and, separate affidavits have been filed by the informant as well as the injured persons. Copies of such affidavits have already been served on learned counsel for the State in the meantime. On such ground, learned counsel for the Petitioners contended that since the matter has been settled and that the informant and injured do not want to proceed further in the present criminal case, sending the matter for trial would be an abuse of process of law and the same would result in wastage of valuable judicial time. on such ground, learned counsel for the Petitioners prayed for quashing of the entire criminal proceeding.

5. Learned counsel appearing for the Opposite Parties both Informant and injured, on the other hand, while supporting the argument advanced by the learned counsel for the Petitioners, also referred to affidavits filed by the informant and the injured and submitted that the parties have amicably resolved the dispute and that they are living peacefully in the locality. He further submitted that the informant as well as the injured do not want to proceed further in the present matter. It was also contended by the learned counsel for the injured that the injuries sustained by the injured are not simple in nature. On such ground, learned counsel for the informant supported the stand of the Petitioner and submitted that he will have no objection in the event the criminal proceeding arising out of the aforesaid F.I.R. is quashed.

6. Learned counsel for the State, on the other hand, on the basis of the instruction received from the IIC, Gobindpur P.S. dated 19.08.2026, submitted before this Court that pursuant to the previous order of this Court, the concerned IIC has informed that the matter has been amicably settled between the Petitioners as well as informant and injured. As such, the informant and injured do not want to proceed any further in this case. A copy of instruction dated 19.08.2026 is taken on record. On the basis of the aforesaid instruction, learned counsel for the State contended that since the informant and the injured do not want to proceed further in this case, she will have no objection in the event this Court passes any order taking into consideration the factual background of the present case, the subsequent development as well as the larger interest of justice.

7. Having regard to the submissions made by the learned counsel appearing for the parties, on a careful examination of their contentions as well as taking note of the fact that the matter has been compromised and affidavits have been filed by the informant as well as the injured before this Court, this Court found that although initially the F.I.R. was registered by the police and investigation of the case commenced, in the meantime, the parties have settled the matter on compromise. Therefore, the question that falls for consideration in the present case is as to whether an offence under Section 307 can be quashed on the basis of the compromise.

8. On perusal of the record, specifically the injury report it appears that the injury report at Annexure-3 and confirmation given by the learned counsel for the State on verification of the case diary, it is revealed that the injured has sustained injuries which are all simple in nature. Thus, this Court is of the view that the offence under Section 307 is made out against the present Petitioners. So far, the other offences are concerned, those are all compoundable in nature. Taking into consideration the fact that the matter has been amicably settled and that the parties do not want to proceed further in this case, particularly keeping in view the affidavits filed by the injured as well as the informant, this Court is of the view that any further continuance of the present case would be an abuse of the process of law and that in the event the present case is sent to trial the same will only result in wastage of valuable judicial time.

9. Accordingly, this Court is of the view that the present case falls within the rarest of rare case where this Court would be justified in exercising in its inherent power to quash the entire criminal proceeding to save precious judicial time likely to be wasted in a meaningless trial. Hence, the criminal proceeding arising out of Gobindpur P.S. Case No.23 of 2019 which corresponds to S.T. Case No.4 of 2022 is hereby quashed.

10. Accordingly, the CRLMC stands allowed.

(Aditya Kumar Mohapatra)

Judge

Rubi

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 07-Sep-2026 11:54:56 Signature Not Verified