Bhabagrahi Shoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.143 of 2021 Bhabagrahi Sahoo and another Petitioners Mr. M. Chand, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. M. Mishra, ASC Mr. M.K. Panda, Advocate for O.P. No.2

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

25.08.2022 Order No.

14.

1.

Heard learned counsel for the parties.

2.

Instant petition under Section 482 Cr.P.C. is filed for quashing of the order of cognizance in S.A. No.42 of 2020 corresponding to Sinapali P.S. Case No.141 of 2020 pending in the file of learned Sessions Judge-cum-Special Judge, Nuapada on the grounds stated therein.

3.

Perused the FIR and impugned order under Annexure-2. 4.

Learned counsel for the petitioners submits that there has been a settlement between the parties on account of compromise arrived at and he submits that an affidavit is filed by opposite party No.2 himself, who is also the injured and in such view of the matter, the proceeding should be quashed in the interest of justice.

5.

Learned counsel for opposite party No.2 is present and he confirms the fact of compromise between the parties by referring to the said affidavit of the informant.

6.

The offences are under Sections 341, 294, 506 read with 34 IPC and Section 3(1)(r)(s) and 3(2)(va) of the SC & ST (PA) Act. Having regard to the submission of the learned counsel for the petitioners as well as State besides opposite party No.2, the Court is of the view that on account of compromise which is also supported by an affidavit of the informant, the further proceeding before the court below should be discontinued. In other words, the proceeding should be terminated in exercise the inherent jurisdiction of this Court purpose being to ensure and restore peace and cordial relationship between the parties.

7.

Accordingly, it is ordered.

8.

In the result, the CRLMC stands allowed. Consequently, the proceeding in S.A. Case No.42 of 2020 arising of Sinapali P.S. Case No.141 of 2020 pending in the file of learned Sessions Judge-cumSpecial Judge, Nuapada is hereby quashed. (R.K. Pattanaik) Judge TUDU