Family-dispute FIR alleging assault including section 307 IPC was settled amicably after the informant's death; injuries were simple. The Orissa High Court held no case under section 307 was made out and quashed the entire criminal proceeding applying Naushey Ali.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.117 of 2025
Pitabash Danta ..... Appellant Represented By Adv. - Jugala Kishore Panda
-versus-
1) State Of Odisha ..... Respondents 2) Tapan Kumar Parida Represented By Adv. - Ranjan Dangri(husband Of The Informant) Mr.U.R.Jena, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
12.08.2025
Order No.
Page 1 of 7.
in the court of the learned J.M.F.C.-III, Cuttack on the ground that the matter has been amicably settled between both sides.
Page 2 of 7.
since 2020. In the meantime, the informant passed away. Thereafter, the family members including the husband of the informant decided to resolve the dispute amicably and live peacefully. Accordingly, a joint affidavit has been filed before this Court by the husband of the informant stating therein that the matter has been amicably settled and they do not want to proceed further in the present case and he has no objection if this Court quashes the entire criminal proceeding.
Page 3 of 7.
Page 4 of 7.
informant on the other hand supported the submissions made by the learned counsel for the Petitioner. He further submitted that during pendency of the present criminal proceeding the original informant died due to COVID 19 pandemic. He further submitted that the injuries sustained by the injured are simple in nature. Further, referring to the affidavit filed by the husband of the informant, he submitted that since the matter has been amicably resolved amongst the family members, the continuance of the criminal proceeding will be an abuse of process of law and there is no chance that the Petitioner being convicted in the present crime. On such ground, learned counsel for the husband of the informant submitted that the criminal proceeding against the Petitioner be quashed.
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simple in nature. Therefore, this Court is of the prima facie view that no case under section 307 of the Indian Penal Code is made out. Although there is a growing tendency to register F.I.Rs by making serious allegations to attract higher offence under the Indian Penal Code, however by taking cognizance of the offence, the Courts are duty bound to examine the fact and to take cognizance and frame charge under the aforesaid section of the Indian Penal Code. In view of the aforesaid settled position of law, this Court is of the considered view that the allegations made in the F.I.R., at best, make out a case under sections 323, 294 of the Indian Penal Code and not under section 307 of the Indian Penal Code.
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proceeding. Accordingly, the Criminal Proceeding in G.R.Case No.1288 of 2020 corresponding to Olatpur P.S. Case No.62 of 2020 pending before the learned J.M.F.C.III, Cuttack is hereby quashed.
( A.K. Mohapatra) Judge
RKS
Signature Not Verified Page 7 of 7.
Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 13-Aug-2025 16:42:57
2 issues framed by the court
Whether a family dispute criminal proceeding under sections 294, 341, 323, 307, 354 IPC, amicably settled after the informant's death, should be quashed under section 482 Cr.P.C.
Whether the injury report showing simple injuries supports quashing the section 307 IPC allegation.
Colour shows how this judgement treated each authority
Naushey Ali & Ors v. State of U.P. and AnrApplied¶13
Criminal Appeal No.660 of 2025
2 provisions across 2 enactments
Pitabash Danta
State of Odisha
Tapan Kumar Parida
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
