KSHIRASINDHU TANDI v. STATE OF ODISHA
Court: High Court of Orissa
Bench: DR. JUSTICE S.K. PANIGRAHI
Judgment date:
Case summary
High Court of Orissa judgment dated 2026-04-09. KSHIRASINDHU TANDI v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 861 of 2026 Kshirasindhu Tandi .. …... Petitioner(s) Mr. Bhojraj Seth, Adv. -Versus- State of Odisha & Anr. ……. Opposite Party(s) Mr. Tej Kumar, ASC Mr. Jagannath Bhuyan, Adv. (for O. P. 2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 09. 04. 2026 Order No. 03. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner has filed this CRLMC with a prayer to quash the charge sheet vide C. S. No. 251/2016 dated 03. 01. 2017 as well as S. C. Case No. 33/2017, pending in the court of learned A. D. J. -cum- Special Judge, Titilagarh. 4. Learned counsel for both the parties submits that in the meantime, the matter has amicably been settled between the parties. In this regard, a joint affidavit dated 31. 03. 2026 has been filed by both the parties. 5.
The relevant portion of the joint affidavit filed by both the parties is extracted hereunder: “xxx xxx xxx That, although for some misunderstanding subsequent mi-communication between us, F. LR. lodged by the Uncle of the Victim against the petitioner. (Opp. Party No. 2) But in the meantime due to intervention of some of our villagers and relation has been settled of both parties the aforesaid dispute for which at present good relationship is prevailing for such reason the victim(O. P. No. 2) is no more interested to proceed further in the aforesaid S. C. Case No. 33/2017 pending before the learned A. D. J. cum- Special Judge, Titilagarh (arising out of Titilagarh P. S. Case No. 251 dtd. 2. 11. 2016 corresponding to G. R. Case No. 511/2016 for offence U/S. 366/(2) (n)/379/506 of TP. C. against the petitioner. Hence the aforesaid Criminal Case may be quashed. ” 4.
Considering the contents of the joint affidavit filed by both the parties and following the ratio laid down by the Supreme 1 Court in Gian Singh v. State of Punjab and another , and two other reported cases of this Court in Lokanath @ Anadi Sethi 2 and four others v. State of Orissa and four others , and Sansuri alias Khageswar Lenka and another –vrs. - State of Orissa and 3 Another , wherein this Court is of the opinion that no useful purpose will be served in allowing such proceedings to continue the criminal proceeding in the aforesaid case as it will only lead to abuse the process of law. (2012) 10 SCC 303 2014 (II) OLR 29 2014 (II) OLR 452 5. In view of the foregoing discussion, the application is allowed. Accordingly, the C. S. No. 251 of 2016 dated 01. 03. 2017 is hereby quashed. Consequently, the entire criminal proceeding arising therefrom, i. e. , S. C. Case No. 33 of 2017 pending before the learned A. D. J-cum-Special Judge, Titilagarh, also stands quashed. 6.
Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu
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