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Orissa High CourtABLAPL/6102/2022allowed

Silsila Behera v. State Of Odisha

2022-07-06Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6102 of 2022 Silsila Behera ....

Petitioner Mr.P. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel Mr. K.C. Dash, Advocate for the informant

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.07.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Mancheswar P.S. Case No.83 of 2022 corresponding to C.T. Case No.1729 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 498-A/323/506 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that in

// 2 // spite of the best effort of the petitioner, there was no positive response from the side of the informant. Learned counsel for the informant submitted that the husband of the petitioner is also ready and willing for amicable settlement.

Be that as it may, since the parties are ready and willing to compromise the dispute and the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and subsequently stated to have turned to one under section 307 of the Indian Penal Code and keeping in view the proviso to section 437(1) Cr.P.C., the interim order dated 22.06.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM