Bikram Samantaray Vs State of Odisha

Heard learned counsel for the petitioner as well as learned counsel for the informant and learned counsel for the State. Perused the application as well as documents annexed thereto.

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By filing the present application under Section 482 Cr.P.C. invoking inherent jurisdiction of this Court the petitioner has prayed this Court to quash the criminal proceeding in C.T. Case No.23 of 2021 arising out of Khuntuni P.S. Case No.11 of 2021 pending before the learned S.D.J.M, Athagarh. The aforesaid case has been registered for commission of offence punishable under Sections 341, 323, 324, 354, 294, 506 read with 34 of I.P.C.

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Learned counsel for the petitioner at the outset contended that

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the allegation made in the F.I.R. pertains to a civil dispute between the parties. He further submitted that in the meantime the matter has been amicably settled between the petitioner and the informant. He further contended that since the matter has been amicably settled in terms of the compromise dated 10.02.2025 under Annexure-3, the parties have decided not to proceed further in the criminal case. In such view of the matter, learned counsel for the petitioner contended that the further continuation of proceeding is abuse of the process of law.

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Learned counsel for the informant on the other hand supported the contention raised by the learned counsel for the petitioner. Further, referring to the compromise affidavit under Annexure-3 learned counsel for the informant submitted that the matter has been amicably settled between the parties and that parties are living peacefully in the locality at the moment. He further contended that the informant have no objection in the event the proceeding is quashed.

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Learned counsel for the State on the other hand submitted that although it appears from the compromise affidavit dated 10.02.2025 under Annexure-3 that the parties have amicably settled the dispute however most of the offences alleged are compoundable in nature. In such view of the matter, learned counsel for the State submitted that the parties can approach the learned trial court by filing an application for compounding of offences in the event informant does not want to proceed further in criminal case. In such view of the matter, learned counsel for the State submitted that he has objection with regard to the maintainability of the present application.

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Having regard to the submissions made by the learned counsels appearing for the Parties, on a careful examination of the

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background facts, further keeping in view the submissions made by learned counsel for the informant as well as the compromise affidavit dated 10.02.2025 under Annexure-3, this Court observes that the dispute between the parties have been settled amicably. In such view of the matter, this Court is of the view that the further continuation of the proceeding are not in the larger interest of parties as they have resolved the dispute and are living peacefully in the locality. Taking into consideration the fact that the offences alleged are compoundable in nature, this Court deems it proper to dispose of the present application by granting liberty to the petitioner to approach the trial court by filing application for compounding the offences within a period of four weeks from today. In such eventuality, the trial court shall consider such application keeping in view the fact that the matter has been compromised between the parties and pass necessary orders in accordance with law within eight weeks thereafter.

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