Rasananda Baral Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4825 of 2025

Rasananda Baral & Ors.

Rasananda Baral & Ors. ..... Petitioner (s) Mr. Deepak Kumar Sahoo, Advocate -versus- ….. State of Orissa & Anr. Opposite Party (s) Mr. Sonak Mishra, ASC Mr. Gagan Bihari Singh, Advocate

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CORAM:

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THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

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ORDER Order No. 07.05.2026

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09.

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1. This matter is taken up through hybrid arrangement.

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2. The Petitioners have filed this CRLMC with a prayer to quash the proceeding in connection with Nikirei P.S Case No.239 of 2024 corresponding to T.R Case No.158 of 2024 pending in the court of the learned Sessions Judge-cum-Special Judge, Kendrapara.

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3. The brief fact of the case is that the complainant file a written report before the IIC, Nikirei Police Station alleging therein that on 31.08.2024 at 8.25pm the complainant planted some banana trees, papaya tree and sajana tree in Gochara land and also obtained its fruits. Bu the Petitioners had cut the trees

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Signature Not Verified

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Page 1 of 5.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-May-2026 17:57:01

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and planted some Coconut Trees. When the complainant protested them, they abused her in obscene language by indicating her caste and threatened against dire consequences. Hence, this case.

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4. Learned counsel for the Petitioners submits that the investigating of this case is going on and charge sheet has not yet been filed. However, in the meantime, the dispute between the parties has been resolved. So, on that premises, the dispute has been resolved by way of filing a joint affidavit in front of the village gentries and they wished to put an end to all kinds of ill feelings towards one another.

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5. This Court perused the joint affidavit filed by the parties. The contents of the Joint Affidavit are extracted hereinbelow: -

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“1. That, we both the parties are belongs to one village and we both are very close neighbor to each other due to misunderstanding the opposite party no -2 who is the informant in this case file a written complain before the Nikirai police station in which Nikirai PS Case No.239/2024 was registered against the petitioners.

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2. That, due to the dissimilarities of opinion and the ill felling the opposite party /informant file a written complain

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Signature Not Verified

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Page 2 of 5.

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-May-2026 17:57:01

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before the Nikirai police station against the petitioners in which Nikirai ps case no-239/2024, corresponding to the TR Case no-158/2024 was registered against the present petitioner for the commission of the offences under section 126(2),296,115(2),74,324(4),324(5)„3(5 ) of the BNS Act 2023 and section 3(1)R ,3(l)(s),2(va) of the SC and ST (PO)Act.

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3. That, the petitioner prefer the above application before this hon’ble court for quashing of the FIR and proceeding thereon on the ground of compromise as because both are belongs to one village and in the mean time they have settled the matter out of court by intervention of the local gentles.

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4. That, in the meantime both of us settled the matter out of court and we have no interest to proceed further in the above case for which we both of us filling the above affidavit before this hon’ble court for the appreciation of the fact and law involve in this case for ends of justice.

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5.That, fact remains we both of us are belongs to one aria and due to some misunderstanding the informant file the above case and in the meantime bad time

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-May-2026 17:57:01

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has already been passed and at present they were living peacefully and both of us have no interest at all to proceed further in the above case.

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6.That, if the above case will linger for year together then misunderstanding will lie over then it will hamper our social relationship so keeping eye upon our future, we both of us join hand together forgetting the past misunderstanding and we have no interest to proceed further in this case.

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7.That, we are filling this affidavit without any pressure and fear for appreciation of the facts and law involve in this case for ends of the justice.

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8. That, the fact stated in this affidavit are true to the best of my knowledge and believes and as per our instruction this affidavit is typed by our advocate and after going through the contents of the affidavit and understanding it as correct we both put our signature on it.”

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6. In view of the foregoing discussion, this Court is of the considered opinion that the dispute in question deserves to be put to rest, as continuation of the criminal proceeding would

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 12-May-2026 17:57:01

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serve no useful purpose and is likely to culminate in a failure of prosecution.

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7. Accordingly, the CRLMC is allowed. Consequently, the Nikirei P.S Case No.239 of 2024 corresponding to T.R Case No.158 of 2024 pending in the court of the learned Sessions Judge-cum-Special Judge, Kendrapara, is hereby quashed.

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8. The CRLMC is disposed of, accordingly.

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(Dr. Sanjeeb K Panigrahi)

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Judge

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Gitanjali

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Signature Not Verified

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