Quashed

Prasanta Kumar Swain v. State of Odisha

Orissa HC27 Aug 2024CRLMC/1016/2024

Case brief

AI extract

What is this about?

This petition sought quashing of criminal proceedings involving caste-based allegations. The court noted the matter was amicably settled via an affidavit by the informant. Relying on Supreme Court precedents, the court held trial futile and quashed the proceedings subject to a cost payment.

What did the court decide?

The criminal proceeding in Balianta P.S. Case No.85 of 2023 and consequential proceedings are quashed subject to payment of Rs.3,000 to the Orissa High Court Advocates' Welfare Fund.

Prasanta Kumar Swain Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1016 of 2024

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Prasanta Kumar Swain …. Petitioner(s)

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Mr. L. Mishra, Advocate

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-versus-

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…. State of Odisha and another Opposite Party(s)

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Mr. S. K. Mishra, ASC Ms. A. Mishra, Advocate for O.P.2

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

27.08.2024

Order No.

02.

Heard.

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At the instance of opposite party No.2, the F.I.R. dated 02.03.2023 in Balianta P.S. Case No.0085 of 2023 under Sections 341/323/294/325/506 of I.P.C. read with Sections

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3(1)(r)/3(1)(s)/3(1)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be registered against the petitioner.

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The allegation against the petitioner is that on 02.03.2023 the informant/opposite party No.2 lodged a written report before the Balianta P.S. alleging therein that on 26.02.2023 at about 9.30 P.M.,

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he was present at the dinner party of one Pinku Senapati of his village. At that time, the accused-petitioner suddenly kicked the

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opposite party No.2 due to previous enmity, for which, he fell down on the ground with his eating plate. It is further alleged that the petitioner repeatedly assaulted him by means of kicks and fist blows causing injuries on his face and mouth. He also abused the informant aspersing his lower caste as <Bauri= and threatened with dire consequences. Hence, the F.I.R.

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After investigation, charge-sheet has been filed on 24.11.2023 for the offences under Sections 341/323/294/506 of I.P.C. read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioner. When the matter stood thus, the parties have now settled their dispute and the petitioner has filed the present petition seeking quashing of the entire criminal proceeding initiated against him by the opposite party No.2.

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The petitioner and the opposite party No.2 are present in the Court and being represented and identified by their respective counsels. They have also filed self-attested copies of their Aadhaar Cards to establish their identity, which are taken on record.

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The opposite party No.2 has filed an affidavit dated

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13.05.2024 inter alia stating as under:-

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<4. That, in order to keep peace in the village, the matter has been amicably settled between both parties in presence of

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local gentries and well-wishers of the locality who have taken initiative to maintain peace and tranquility. Pursuant to the above compromise between the parties, the Opp. Party No.2 has sworn an affidavit on 23.09.2023, which is enclosed herewith for kind perusal of this Hon’ble Court. 5. That, both the Petitioner and Opp. Party No.2 have decided to remain peacefully in the locality as Co-villagers and accordingly it was decided by both the parties in presence of the well wishers and local gentries to take appropriate steps by the Opp. Party No.2 not to proceed further in this criminal case and wants to closer of the aforesaid T.R. Case No.131 of 2023 pending before the learned Court of District and Sessions Judge (K), at Bhubaneswar. Accordingly the compromise petition is support of affidavit is filed before the Hon’ble High Court of Orissa, Cuttack.=

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Mr. Mishra, learned Additional Standing Counsel for the

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State submits that since the parties have settled their dispute and appearing before this Court and the informant submits that he does

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not want to prosecute the case against the petitioner, there is no legal impediment in quashing the F.I.R.

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Taking into consideration that the parties have settled their dispute and the opposite party No.2, who is the informant/victim has filed an affidavit before this Court and keeping in view the judgment of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675 , I am of the considered view that subjecting the Petitioner to trial would be a futile exercise. Therefore, the petition deserves merit.

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Accordingly, the criminal proceeding in Balilanta P.S. Case No.85 of 2023 corresponding to T.R. Case No.131 of 2023 pending in the Court of the learned District & Sessions Judge, (K) at Bhubaneswar and the consequential proceedings arising therefrom qua the petitioner are quashed, subject to the petitioner paying a cost of Rs.3,000/- to the Orissa High Court Advocates’ Welfare Fund.

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The CRLMC is accordingly disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Aug-2024 12:09:03

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Prasanta Kumar Swain v. State of Odisha

Case brief

What is this about?

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Prasanta Kumar Swain v. State of Odisha

Case brief

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