Suvendu Kumar Swain@Tubula v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 672 of 2022 Suvendu Kumar Swain @ Tubula and another ....

Petitioners Mr.Suryakanta Dwibedi, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. Manoranjan Mishra, ASC, O.P. No.1 Mr. Rudra Narayan Parija, O.P. No.2

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

24.08.2022 Order No.

05.

1.

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for opposite party No.2. 2.

Instant petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of the criminal proceeding in G.R. Case No.213 of 2021 arising out of Salipur P.S. Case No.69 of 2021 pending in the file of learned J.M.F.C., Salipur on the grounds stated therein.

3.

The court perused the F.I.R. as at Annexure-1 and other documents on record.

4.

Learned counsel for the petitioners submits that in the meantime, the parties have entered into a compromise and the matter has been amicably settled and in that respect, an affidavit has been filed by the informant, which is at Flag-A.

// 2 // 5.

Perused the affidavit filed by opposite party No.2 from which it is revealed that there has been an amicable settlement of the matter due to the intervention of the villagers and well-wishers. It is stated in the affidavit that the parties are not willing to proceed with the case any further.

6.

Learned counsel for the State on instruction received from the Inspector-in-Charge, Salipur P.S. dated 21st May, 2022 confirms the fact regarding compromise. Thus, it appears that the settlement has been reached at between the parties outside the Court. Being aware of the settled position of law so enunciated by the Supreme Court in the case of State of Haryana and others Vrs. Ch. Bhajan Lal and others 1990 SCR Supp.(3) 259 on the exercise of inherent jurisdiction and in order to ensure peace and restore coordinal relationship between the parties, this Court is of the view that the proceeding on account of the resolution of the dispute should be quashed.

7.

Accordingly, it is ordered.

8.

In the result, the CRLMC stands allowed. Consequently, the criminal proceeding in G.R. Case No.213 of 2021 arising out of Salipur P.S. Case No.69 of 2021 pending in the file of learned J.M.F.C., Salipur is hereby quashed.

(R.K. Pattanaik) Judge U.K.Sahoo