Court can quash criminal proceedings if amicably settled, provided serious allegations do not substantiate given injury nature.

ORDER :

ADITYA KUMAR MOHAPATRA, J.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the CRLMC Application as well as the prayer made in the CRLMC Application.

3. By filing the present CRLMC application under section 482 Cr.P.C., the Petitioner seeks to invoke the inherent power of this Court to quash the entire criminal proceeding arising out of F.I.R. in G.R.Case No.1288 of 2020 corresponding to Olatpur P.S.Case No.62 of 2020 pending 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.

4. Learned counsel for the Petitioner at the outset contended that on the basis of an information lodged by one Nayanabala Parida on 25.06.2020, the present FIR was registered by the I.I.C. of Olatpur P.S., Cuttack. On perusal of the F.I.R., it appears that the dispute arose amongst the family members on the occasion of Birth Day of grandchild of the informant. It has also been added that due to such discord the informant was assaulted by the present Petitioner. Thereafter, the informant has lodged this F.I.R. making allegations against the Petitioner. On the basis of such allegation, a case was registered for commission of offences under sections 294, 341, 323, 307, 354 of the Indian Penal Code.

5. Learned counsel for the Petitioner further contended that most of the offences alleged against the Petitioner are compoundable in nature except the offense under section 307, 354 of the Indian Penal Code, which are non- compoundable in nature. He further submitted that so far the allegation under section 307 of the Indian Penal Code is concerned, no case is made out under the said offence. Learned counsel for the Petitioner referring to the injury report submitted that the injured had sustained three injuries, which are simple in nature. Copy of the injury report filed in Court is taken on record.

6. While this was the position, the case was pending 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.

7. Learned Additional Government advocate was directed by this Court to obtain instruction on the Affidavit filed by the husband of the informant. Pursuant to the instruction dated 12.08.2025, the I.I.C., Olatpur P.S, learned Additional Government Advocate contended that the concerned I.I.C. conducted a local enquiry and found that the complainant is dead since 21.01.2022 and the cause of death due to COVID and she died at KIMS hospital, Bhubaneswar. It has been stated in the instruction that the husband of the informant has filed this Affidavit before this Court with a request not to proceed further against the Petitioner in the present case. Therefore, the learned Additional Government Advocate contended that there is no doubt with regard to the death of the husband of the informant and that since the dispute has been amicably settled and the parties are living peacefully and they are belong to one family and the society is not affected in general. Therefore, the criminal proceeding be quashed in the larger interest of justice.

8. Learned counsel for the Petitioner in the aforesaid context referred to the latest judgment of the Hon’ble Supreme Court in the case of Naushey Ali & Ors v. State of U.P. and Anr decided in Criminal Appeal No.660 of 2025 vide judgment dated 11.02.2025. On perusal of the said judgment, it appears that the Hon’ble Supreme Court was examining an identical issue of quashing of criminal proceeding which involves