Orissa High Court

CRLMC/5344/2025 of DILLIP KUMAR MALLIK Vs STATE OF ODISHA on 1 September 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5344 of 2025 CNR No. ODHC010884802025 Dillip Kumar Mallik ..... Petitioner None -versus- State Of Odisha and another ..... Opposite Parties Smt. S. Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 01.09.2026 Order

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5344 of 2025

CNR No. ODHC010884802025

Dillip Kumar Mallik

.....

Petitioner

None

-versus-

State Of Odisha and another

.....

Opposite Parties

Smt. S. Nayak, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

01.09.2026 Order No.

03.

1. This matter is taken up through Hybrid mode.

2. On perusal of the record, it appears that notice was issue to the Opposite Party No.2 by Registered Post with A.D. vide order dated 06.01.2026. Office note dated 16.02.2026 reveals that such notice has been validly served on Opposite Party No.2. Accordingly, the service of notice on Opposite Party No.2 is treated to be sufficient.

3. None appears for the Petitioner as well as for the Opposite Party No.2.

4. The present application has been filed at the instance of the accused-Petitioner with a prayer for quashing of the FIR and the entire criminal proceeding arising out of Kuakhia P.S. Case No.299 of 2023, which corresponds to C.T. Case No.1923 of 2023, pending in the file of learned S.D.J.M., Jajpur for alleged commission of offence punishable under Sections 294, 323, 341 & 506 of IPC.

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5. On perusal of the CRLMC application, this Court found that the offences alleged are all compoundable in nature except the offence under Section 294 of IPC. On 06.01.2026 when the matter was taken up, learned counsel for the Petitioner submitted before this Court that the matter has been amicable settled on compromise between the parties.

6. Taking into consideration the statement of the Petitioner made before this Court on 06.01.2026 as well as the nature of the allegation made in the FIR, this Court is of the view that in the event the matter has been compromised, the parties can very well file an application before the learned trial Court for compounding of the offences. Since amongst the alleged offences only the offence under Section 294 of IPC is non-compoundable, the same is hereby quashed. So far the other offences are concerned, liberty is granted to the parties to file an application for compounding of the offences before the learned trial Court within four weeks from today. In the event any such application is filed, the same shall be considered and disposed of in accordance with law by the learned trial Court, taking into consideration the compromise, if any, arrived at between the parties.

7. With the aforesaid observation/direction, the CRLMC application stands disposed of.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2026 10:44:38 Signature Not Verified

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