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Orissa High Court
Sulochana Lenka vs State Of Odisha on 30 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4554 of 2024
1. Sulochana Lenka ..... Petitioners
2. Jagabandhu Lenka
Mr. P.K. Behera, Advocate
-versus-
1. State of Odisha
2. Mamata Lenka ..... Opp. Parties
Ms. S. Moharana, ASC
(for O.P. No.1)
Mr. S. Swain, Advocate
(for O.P. No.2)
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
30.04.2025
Order No.
05. (Through hybrid Mode)
1. This application has been filed for quashing the proceedings
in G.R. Case No.132 of 2006 arising out of Salipur P.S. Case
No.61(33) of 2006 pending in the Court of learned JMFC, Salipur
for commission of offences punishable under sections
341,342,323,506,307/ 34 of IPC.
2. An affidavit has been filed by the Opposite Party No.2-
informant stating that her husband – the injured and petitioner No.2
are brothers and due to civil dispute, relating to partition, there was a
quarrel between the brothers on 28.02.2006 and on being instigated
by some villagers, she had lodged the FIR. Thereafter, the matter has
been settled between the parties. Her husband and she have no
grievance against the petitioners and they do not want to proceed
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with the case.
3. Ms. S. Moharana, learned Additional Standing Counsel
produces the injury report of Minaketan Lenka, the injured (husband
of the informant) which indicates that he has suffered a lacerated
wound on his occipital region which has been opined to be simple in
nature.
4. As the G.R. case was of the year 2006, a report had been
called for from the learned JMFC, Salipur regarding present status of
the case.
5. Perused the report dated 29.04.2025 of the learned JMFC
Salipur, where it is stated as follows:-
“With reference to the letter and subject cited
above, I am to intimate you that accused persons
namely Jagabandhu Lenka and Sulochana Lenka
had already filed a Criminal Revision no.
118/2007 in which the proceeding was stayed by
Hon’ble Court since 09.02.2007 after taking
cognizance on dated 06.11.2006 of the offence
U/s. 341/342/323/506/307/34 of IPC the accused
persons filed a petition U/s. 205 of Cr.P.C. which
was rejected on 31.01.2007 by this Court and
directed them to appear on 20.04.2007. On
20.04.2007 time petition filed by accused persons
for their appearance and the same was rejected.
NBW issued against them. On dated 20.11.2023 in
obedience to the order of Hon’ble Supreme CourtPage 2 of 3
in Misc. Application No. 1551/2020 arising out of
Criminal Appeal no. 1375-1376 of 2013 the stay
was vacated. Now the case is posted for
appearance of accused persons to 20.06.2025.
This is for your information.”
6. It thus appears that the G.R. case is pending since almost
twenty years and is now posted to 20.06.2025, for appearance of the
accused persons.
7. In view of the amicable settlement between the parties who
are related to each other, I am of the view that the chance of
conviction of the petitioners in the said case is bleak. As the case is
pending since 2006 without much progress, and as the parties have
amicably settled the matter between themselves, I am of the view it
would result in wastage of time and resources of the Court if the
proceedings are allowed to continue. It would therefore be in the
interest of justice to quash the proceedings in G.R. Case No.132 of
2006.
8. The proceedings in G.R. Case No.132 of 2006 arising out of
Salipur P.S. Case No.61(33) of 2006 pending in the Court of learned
J.M.F.C. Salipur against the petitioners are accordingly quashed.
9. The CRLMC is accordingly disposed of.
Signature Not Verified
Digitally Signed
Signed by: PRASANT KUMAR SAHOO
Designation: PERSONAL ASSISTANT
Reason: Authentication
(Savitri Ratho)
Location: Orissa High Court
Date: 01-May-2025 20:03:32 Judge
Prasant
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