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Orissa High CourtCRLMC/503/2021disposed off

Baraha Ch. Samal v. State Of Orissa

2022-04-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 503 of 2021 Baraha Ch. Samal and others ....

Petitioner Mr. B. Mansingh, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. D. Mund, AGA CORAM: JUSTICE V. NARASINGH

ORDER

27.04.2022 Order No.

05.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant Opposite Party No.2. 3.

Perused the affidavit filed by the informant. Paragraph-2 of the affidavit indicating that the matter has been settled amicably out of Court and the informant does not want to pursue the proceeding is extracted hereunder:

"x x x x x That I have filed this affidavit being present before this Hon'ble Court in the aforesaid case, on my sweet-will, and without any influence, fear, favour and coercion to bring the truth to the light and prayed for dropping of the proceeding. x x x x x x"

4.

Taking into account such affidavit and in view of the principle laid down by the Apex Court in the case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujurat and another reported in AIR 2017 SC 4843, the proceeding in connection with G.R. Case No.250 of 2008, on the file of learned J.M.F. C. Pattamundai, arising out of Pattamundai Police Case No.120 of 2008, stands quashed in respect of the present petitioners in exercise of power under Section 482 Cr.P.C.

5.

Accordingly, the CRLMC stands disposed of.

6.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi