Allowed

Satrughan Swain v. State of Odisha

Orissa HC29 Nov 2021CRLMC/1143/2020

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a petition under Section 482 Cr.P.C. to quash the GR proceedings arising from an FIR under Section 323 IPC (implied). The Court found the dispute had been amicably settled and the informant had no grievance, holding that continuing criminal proceedings would serve no purpose.

What did the court decide?

The proceedings in G.R. Case No.581 of 2020 arising out of Naugaon P.S. Case No.91 of 2020 pending in the file of learned S.D.J.M., Jagatsinghpur are hereby quashed.

Satrughan Swain Vs State of Odisha — Quashing and FIR | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 1143 of 2020

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Satrughan Swain & Others

….

Petitioners

Mr. S. Mohanty, Adv.

-Versus -

State of Odisha and others

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…. Opposite Parties

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Mr. P. Tripathy, Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

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ORDER_ 29.11.2021

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Order No.

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06.

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This matter is taken up through hybrid mode.

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Heard Mr. S. Mohanty, learned counsel for the petitioners, Mr. P. Tripathy, learned Additional Standing Counsel for the State. Also heard the petitioners and opposite parties no. 2 to 4, who have appeared in person.

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The present application under Section 482 of the Cr.P.C. has been filed by the petitioners with a prayer to quash the FIR registered as Naugaon P.S. Case No.91 of 2020.

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The facts of the case are that the informant- opposite party no.1 lodged an F.I.R. before the Naugaon P.S. alleging that when he along with his sons were working, the petitioners abused them in filthy language. Suddenly, the petitioner no.1 assaulted him and his sons by means of farsa causing bleeding injuries on their person. Thereafter they shifted to Hospital.

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Page 1 of 1

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It is submitted that subsequently, the dispute between the parties has been settled amicably. A Joint affidavit has been filed being sworn by the petitioners and opposite parties no. 2 to 4 stating that due to intervention of their wellwishers, the matter has been amicably settled between them and they do not want to proceed any further in Nagaon P.S. Case No. 91 of 2020.

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On the above basis, it is submitted that as the proceeding had been initiated due to previous enmity between the parties but has since been resolved amicably as also the fact that the concerned parties do not wish to continue with the proceeding, the same may be quashed.

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A perusal of the joint affidavit filed by the parties reveal that they do not want to proceed in the case further. The informant has also no grievance against the petitioners in this case. The matter has been amicably settled and compromised. Both the parties being present in Court on being asked fully supported the contents of the affidavit.

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Considering the submissions made as noted above and the joint affidavit filed by the parties, it is evident that the dispute between them has been amicably settled. Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the

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Page 2 of 2

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petitioner, especially when the chance of conviction in the said case is bleak.

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This Court is therefore, inclined to allow the prayer of the petitioners. The proceedings in G.R. Case No.581 of 2020 arising out of Naugaon P.S. Case No.91 of 2020 pending in the file of learned S.D.J.M., Jagatsinghpur is hereby quashed

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Accordingly, the CRLMC is disposed of.

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Urgent certified copy of this order be granted on

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proper application.

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( Sashikanta Mishra)
Judge

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A.K. Rana

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Satrughan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satrughan Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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