Samim Aktar v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3377 of 2011 Samim Aktar and others ....

Petitioners versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

16.03.2022 04.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the criminal proceeding in G.R. Case No.236 of 2011, arising out of Jajpur P.S. Case No.72 of 2011, pending in the Court of S.D.J.M., Jajpur on the ground of compromise between the parties. 3.

No one appears on behalf of the Petitioner when the matter is called.

4.

The victim appears to be minor at the time of incident. 5.

Be that as it may, since no one appears on behalf of the Petitioners, this Court is of the view that the Petitioners are recalcitrant litigants and do not want to proceed with the matter. 6.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 7.

However, if the case is still subsisting and charge sheet in the aforesaid case has been filed, the Petitioner may seek quashment of the cognizance/charge, if framed, if so advised. 8.

Interim order dated 28th September, 2011 passed by this Court in Misc. Case No.3227 of 2011 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA