Muralidhar Naik v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1901 of 2015 Muralidhar Naik and Others ....

Petitioners Mr. S. Panda, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. Pradip Kumar Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

17.10.2022 Order No.

09.

1. Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submitted that there has been a compromise between the parties, who are related to each other belong to a common ancestor and in support of such compromise, the informant as well as the injured have filed a joint affidavit and considering the fact that both are reached at a settlement and resolved their dispute, the criminal proceeding which is pending before the learned court below in G.R. Case No.5 of 2015 corresponding to Khandapada P.S. Case No.02 of 2015 should be quashed in the interest of justice.

3. Learned counsel for the opposite party No.2, namely, the informant admits the fact of compromise and also refers to an affidavit filed in the Court today. It is contended that considering the affidavit and compromise between the parties, in the best

interest of the parties, proceeding pending before the court of learned J.M.F.C., Khandapada should be quashed. The informant as well as the injured are present in Court today with their identity proof. The original Aadhar Card of the injured is produced before the Court's perusal. On being asked, the injured as well as the informant submit that there has been a compromise between them and therefore do not have any objection, if the case is closed in view of such compromise. Mr. Rout, learned AGA submits an objection to the quashing of the proceeding.

4. Learned counsel for the petitioners submits that the injured though received injury but with the compromise between parties, the proceeding should be brought an end. The Court perused the copy of the FIR which is at Annexure-1 wherein the circumstances leading to the lodging of the report stand described. It is made to suggest that the petitioners allegedly committed the overt acts during the incident.

5. But then considering the affidavit filed today jointly by the informant and the injured, the Court finds that the parties have resolved their dispute and settled the differences on account of compromise.

6. Having regard to the above facts and submission of the leaned counsel for the petitioners and considering the affidavit filed by the informant as well as the injured, the Court is of the view that in view of the settlement reached at between the parties, the criminal proceeding should be terminated. In other words, it is a fit where inherent jurisdiction under Section 482 Cr.P.C. should be exercised for quashing the criminal proceeding pending before the learned

court below as no fruitful purpose would be served because of the compromise between the sides. The Court is aware of the settled position of law vis-a-vis quashing of the criminal proceedings as enunciated by the Apex Court in judgment of B.S. Joshi and others Vrs. State of Haryana and another reported in (2003) 4 SCC 675, wherein, it has been held that in peculiar facts and circumstances of a case, jurisdiction under Section 482 Cr.P.C. as well as Article 226 of the Constitution may be exercised.

7. It is reiterated that in view of the compromise between the parties as is revealed from the affidavit and admitted by the parties present in person, the Court is of the conclusion that in best interest of the petitioners as well as opposite party No.2 and in order to restore peace and stability so also cordial rselationship among them, the proceeding which is pending before the court below should be quashed.

8. Accordingly, it is ordered

9. Consequently, the CRLMC stands allowed. As a necessary corollary, the proceeding in G.R. Case No.5 of 2015 arising out of Khandapada P.S. Case No.2 of 2015 pending in the file of learned J.M.F.C., Khandapada is hereby quashed.

10. An urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Tudu