Lipuna @ Jagat Jeevan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.711 of 2022 Lipuna @ Jagat Jeevan Jena.

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Petitioner -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

22.07.2022 04.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the F.I.R. in Laxmisagar P.S. Case No.311 of 2021, corresponding to C.T. No.5419 of 2021, pending in the Court of the learned S.D.J.M., Bhubaneswar. 3.

Heard the learned counsel for the petitioner and the learned counsel for the State.

4.

It is submitted by the learned counsel for the petitioner that since the dispute between the petitioner and the Informant has been compromised and the Informant does not want to proceed with the case against the petitioner and he has already

// 2 // filed an affidavit in this regard in ABLAPL No.13302 of 2021, the prosecution launched against the petitioner may be quashed. 5.

Considering the facts and circumstances of the case, so also the fact that F.I.R. allegation discloses a cognizable offence and the Informant is not the victim in this case, as gathered from the learned State counsel, this Court is not inclined to quash the criminal prosecution on the ground of compromise.

6.

With the aforesaid order, this CRLMC stands disposed of being dismissed. Interim order dated 05.04.2022 passed by this Court stands vacated.

7.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS