Alok Panda & Ors vs State Of Odisha & Anr. …….. Opposite … on 6 April, 2026

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    Orissa High Court

    Alok Panda & Ors vs State Of Odisha & Anr. …….. Opposite … on 6 April, 2026

    Author: Sanjeeb K Panigrahi

    Bench: Sanjeeb K Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        CRLMC No. 922 of 2026
                                 Alok Panda & Ors.                         ........   Petitioner(s)
                                                                  Mr. Sidhartha Sankar Ray (2), Adv.
    
                                                                 -Versus-
    
                                 State of Odisha & Anr.                     ........ Opposite Party(s)
                                                                                 Mr. Sonak Mishra, ASC
    
                                          CORAM:
                                          DR. JUSTICE SANJEEB K PANIGRAHI
                                                         ORDER
    

    06.04.2026
    Order No.

    01.

    SPONSORED

    1. This matter is taken up through hybrid arrangement.

    2. Heard learned counsel for the parties.

    3. The Petitioners have filed this CRLMC with a prayer to quash the

    criminal proceeding initiated against them in Thelkoli P.S. Case

    No.105 of 2026, corresponding to G.R. Case No.590 of 2026

    pending in the court of learned S.D.J.M., Sambalpur.

    4. Learned counsel for the respective parties submit that, in the

    interregnum, the dispute between the parties has been amicably

    settled. In support thereof, a joint affidavit dated 30.03.2026 has

    been filed by the parties.

    5. The relevant portion of the joint affidavit filed by both the parties

    is extracted hereunder:

    Signature Not Verified

    Digitally Signed
    Signed by: LITARAM MURMU
    Designation: P.A.
    Reason: Authentication
    Location: OHC
    Date: 06-Apr-2026 17:54:44
    2

    “xxx xxx xxx
    “3) That it is humbly submitted here that the petitioners and the informant
    are belongs to same locality and while talking to each other over phone there
    was a communication gap between the parties for which out of anger the
    informant had registered the present case against the petitioners.

    4) That it is humbly submitted here that in the mean time after intervention
    of well wishers and village gentries, the matter have been amicably settled
    among the parties and both the parties have no grievance against each other
    and wanted to maintain a cordial relationship with each other.

    5) that it is respectfully submitted here that in the facts and circumstances of
    the present case both the parties do not want to proceed further in this case.”

    6. This Court has considered the joint affidavit filed by both parties

    and is conscious of the settled legal position that the inherent

    jurisdiction of the High Court under Section 482 Cr.P.C. is distinct

    from the power of compounding under Section 320 Cr.P.C., and

    may be invoked to secure the ends of justice or to prevent abuse

    of the process of Court. At the same time, such power is not to be

    exercised mechanically merely because the parties have arrived at

    a settlement; the Court is required to examine the nature and

    gravity of the allegations, the real genesis of the dispute, the stage

    of the proceeding, and whether, in view of the stand now taken

    by the victim, the possibility of conviction has become remote

    and continuation of the prosecution would amount to futility or

    oppression.

    7. In the present case, Opposite Party No.2 has joined the Petitioner

    in filing a sworn affidavit and has categorically stated that he

    Signature Not Verified does not wish to proceed further with the criminal case and that
    Digitally Signed
    Signed by: LITARAM MURMU
    Designation: P.A.
    Reason: Authentication
    Location: OHC
    Date: 06-Apr-2026 17:54:44
    3

    the Petitioner is not involved in the alleged occurrence. Thus, the

    Court is not proceeding on the basis of a bare compromise alone,

    but on the subsequent stand of the complainant himself, which

    substantially erodes the factual substratum of the prosecution.

    Having regard to the materials on record, the stage of the case,

    and the unequivocal position taken by the complainant, this

    Court is satisfied that the possibility of a successful conviction is

    remote and bleak, and that continuation of the impugned

    proceeding would serve no useful purpose but would instead

    amount to abuse of the process of law.

    8. In light of the aforesaid, and applying the same to the facts of the

    present case, this Court is of the considered view that the

    continuance of the impugned criminal proceeding would amount

    to an abuse of the process of Court and would not subserve the

    ends of justice.

    9. In fact, in the case of Shiji @ Pappu v. Radhika1 the Supreme

    Court has held that even where an offence is non-compoundable,

    quashing may still be justified if there is no realistic chance of

    conviction and continuance is an empty formality. The Court held

    as follows:

    “It is manifest that simply because an offence is not
    compoundable under Section 320 IPC is by itself no
    reason for the High Court to refuse exercise of its
    power under Section 482 Cr.P.C. That power can in
    Signature Not Verified
    Digitally Signed
    Signed 1 by: LITARAM MURMU
    AIR 2012 SUPREME COURT 499
    Designation: P.A.
    Reason: Authentication
    Location: OHC
    Date: 06-Apr-2026 17:54:44
    4

    our opinion be exercised in cases where there is no
    chance of recording a conviction against the accused
    and the entire exercise of a trial is destined to be an
    exercise in futility. There is a subtle distinction
    between compounding of offences by the parties before
    the trial Court or in appeal on one hand and the
    exercise of power by the High Court to quash the
    prosecution under Section 482 Cr.P.C. on the other.”

    10.Similar view was taken by the Supreme Court in the case Manoj

    Sharma v. State2 wherein the Court held as follows:

    “It is manifest that simply because an offence is not
    compoundable under Section 320 IPC is by itself no
    reason for the High Court to refuse exercise of its
    power under Section 482 Cr.P.C. That power can in
    our opinion be exercised in cases where there is no
    chance of recording a conviction against the accused
    and the entire exercise of a trial is destined to be an
    exercise in futility. There is a subtle distinction
    between compounding of offences by the parties before
    the trial Court or in appeal on one hand and the
    exercise of power by the High Court to quash the
    prosecution under Section 482 Cr.P.C. on the other.”

    11.Tested against the aforesaid principles and the facts of the present

    case, this Court finds that allowing the prosecution to continue

    would be futile and would amount to an abuse of the process of

    law.

    12.In view of the foregoing discussion, the application is allowed.

    Accordingly, the FIR in Thelkoli P.S. Case No. 105 of 2026 is

    hereby quashed. Consequently, the entire criminal proceeding

    Signature Not Verified
    Digitally Signed
    Signed 2 by: LITARAM MURMU
    (2008) 16 SCC 1
    Designation: P.A.
    Reason: Authentication
    Location: OHC
    Date: 06-Apr-2026 17:54:44
    5

    arising therefrom, i.e., G.R. Case No.590 of 2026 pending before

    the learned S.D.J.M., Sambalpur, also stands quashed.

    13.Accordingly, the CRLMC is disposed of.

    ( Dr. Sanjeeb K Panigrahi)
    Judge
    Murmu

    Signature Not Verified
    Digitally Signed
    Signed by: LITARAM MURMU
    Designation: P.A.
    Reason: Authentication
    Location: OHC
    Date: 06-Apr-2026 17:54:44



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