Swarup Routray vs State Of Odisha & Anr. …. Opposite … on 5 May, 2026

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    Orissa High Court

    Swarup Routray vs State Of Odisha & Anr. …. Opposite … on 5 May, 2026

    Author: Sanjeeb K Panigrahi

    Bench: Sanjeeb K Panigrahi

                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
    
                                                 CRLMC No.1830 of 2025
    
                                  Swarup Routray                ....               Petitioner(s)
    
                                                             Mr. Deepak Kumar Sahoo, Adv.
                                                         -versus-
                                  State of Odisha & Anr.      ....        Opposite Party(s)
    
                                                                      Ms. Gayatri Patra, ASC
                                                                 Mr. Nalini Kanta Sahoo, Adv.
                                                                               (for O.P. No.2)
                                         CORAM:
                                         HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
    
                                                          ORDER
    

    Order No.
    05.05.2026
    02.

    1. This matter is taken up through hybrid arrangement.

    SPONSORED

    2. By filing the present CRLMC, the Petitioner has prayed

    for quashing the order of taking cognizance dated 17.11.2023

    passed by the learned Special Judge-cum-Sessions Judge,

    Kendrapara in T.R. Case No.216 of 2022.

    Apart from the above, the Petitioner has also prayed for

    quashing the entire criminal proceedings initiated against

    him connection with the above noted case.

    3. Heard learned counsel for all the parties.

    4. Learned counsel for the Petitioner submits that the
    Signature Not Verified
    informant and the Petitioner belong to one area and very
    Digitally Signed
    Signed by: SIPUN BEHERA
    Reason: Authentication
    Location: HIGH COURT OF
    ORISSA, CUTTACK
    Date: 06-May-2026 20:32:35
    closely associated with each other and due to some financial

    transaction and misunderstanding, the informant/Opposite

    Party No.2 lodged the FIR against the present Petitioner and

    Page 1 of 5
    in the meantime, the matter has already been settled

    between the parties. The informant already received the

    disputed amount and as per there understanding, the

    Petitioner will pay the rest amount of Rs.2 lakhs to the

    informant and the informant also have no objection for

    settlement of the issue.

    5. Learned counsel for the Petitioner further contends that

    the Petitioner and Opposite Party No.2 have no interest to

    proceed further in the case.

    6. Learned counsel for Opposite Party No.2, on the other

    hand, confirms the factum of settlement and submits that

    Opposite Party No.2 does not intend to proceed further with

    the case.

    7. On perusal of the case record, it appears that the

    Petitioner and Opposite Party No.2 has filed an affidavit

    dated 11.02.2026, wherein it is stated as follows:

    “….

    4. That , in the mean time 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 .

    5.That ,fact remains we both of us are belongs to
    one aria and due to some financial crisis the
    petitioner did not pay the amount in due time for
    which the above case was registered and in the

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    meantime bad time has already been passed and the
    the amount has already been paid and both of us
    have no interest at all to proceed further in the
    above case.

    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.”

    8. Learned counsel for the State has no objection if the

    proceeding is quashed in view of the settlement between the

    Petitioner and Opposite Party No.2.

    9. Considering the submissions made by learned counsel

    for the parties, the contents of the affidavit filed by the

    Petitioner and Opposite Party No.2 and the fact that the

    dispute is essentially of a financial/contractual nature which

    has been amicably resolved, this Court is of the view that

    continuation of the criminal proceeding would serve no

    useful purpose.

    10. The Supreme Court in cases such as Gian Singh v. State

    of Punjab1, Narinder Singh & Ors. v. State of Punjab &

    Anr.2 and State of Madhya Pradesh v. Laxmi Narayan &

    Ors.3 has held that criminal proceedings involving

    predominantly civil disputes can be quashed in exercise of

    1
    (2012) 10 SCC 303
    2
    (2014) 6 SCC 466
    3
    (2019) 5 SCC 688

    Page 3 of 5
    inherent powers under Section 528 of BNSS (erstwhile

    Section of the 482 Cr.P.C.) when parties have settled the

    matter amicably.

    11.The Supreme Court in the matter of Ramawatar vs. State

    of Madhya Pradesh4, has held that the Court has to be

    mindful of the fact that the 1989 Act (i.e. the SC/St (PoA)

    Act) has been enacted keeping in view the expressed

    constitutional safeguards enumerated in Articles 15, 17 and

    21 of the Constitution, with a twin fold objective of

    protecting the members of these vulnerable communities; as

    well as to provide relief and rehabilitation to the victims of

    caste based atrocities. However, when such offence is

    primarily private or civil in nature or where the alleged

    offence not committed on account of the caste of the victim

    or where the continuation of the legal proceedings would be

    an abuse of the process of law, the Court can exercise its

    powers to quash the proceedings. It further held that in such

    cases, the Court ought to be even more vigilant to ensure

    that the complainant-victim had entered into the

    compromise on the volition of his/her freeway and not on

    account of any duress.

    12. In the present case, the alleged offence arises out of a

    monetary dispute between Petitioner and Opposite Party

    No.2 and does not involve any element of heinous crime or

    4
    2022 (13) SCC 625

    Page 4 of 5
    public interest. The matter having been settled and the

    complainant having received the amount, the possibility of

    conviction is remote.

    13. Accordingly, in exercise of the inherent powers under

    Section 528 of BNSS (erstwhile Section of the 482 Cr.P.C.),

    this Court deems it fit and proper to quash the criminal

    proceeding initiated against the Petitioner in connection

    with T.R. Case No.216 of 2022, pending before the learned

    Sessions Judge-cum-Special Judge, Kendrapara.

    14. The CRLMC stands allowed and disposed of.

    15. Pending application (s), if any, shall stand disposed of.

    16. A copy of the order be communicated to the learned trial

    Court for information.

    (Dr. Sanjeeb K Panigrahi)
    Judge

    Sipun

    Page 5 of 5

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