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Orissa High CourtCRLMP/1158/2022disposed off

Pradeep @ Pradip Kumar Senapati v. State Of Odisha

2022-07-08Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1158 of 2022 Pradeep @ Pradip Kumar Senapati and others ....

Petitioners Mr. Satyabhama Seth, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.C. Das, ASC for State Mr. Jyotirmaya Sahoo, Advocate for Informant

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

08.07.2022 Order No.

01.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Mr. J.K. Khandayatray, learned counsel submits that he has entered appearance for the Informant-O.P. No.2 and files his Vakalatnama along with an affidavit in Court today, which are taken on record.

3.

The name of Mr. J.K. Khandayatray, learned counsel for the Informant-Opposite Party No.2 be reflected in the brief as well as in the cause list.

4.

Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel appearing for the InformantOpposite Party No.2. 5.

This application has been filed for quashing of the criminal proceeding arising out of Chandanpur P.S. Case No.73 of 2022,

// 2 // corresponding to G.R. Case No.207 of 2022, pending in the file of learned J.M.F.C., Ranpur.

6.

The Informant-Opposite Party No.2 has filed an affidavit on 21.06.2022 indicating that the matter has been amicably settled with the intervention of the local gentries. Further it is submitted in the said affidavit that due to misunderstanding between the parties, the construction of N.H.16 expansion at village-Katak Sahar, an FIR has been lodged before the Chandpur Police Station, Nayagarh. However, the matter has been amicably settled and the parties have decided to resolve their dispute amicably. Therefore, the Informant does not want to proceed in the matter any further. Further learned counsel for the Opposite Party No.2-Informant Kedar Barik submits that he has filed an affidavit and he does not want to proceed further in the matter.

7.

Considering the facts and circumstances of the case and the fact that Informant has filed an affidavit not to proceed in the matter any further, this Court is of the considered opinion that no useful purpose will be serve in continuance of criminal proceeding against the Petitioners and keeping in view the larger interest of justice, this Court in exercise of power under Section 482 Cr.P.C. hereby quashed the criminal proceeding in Chandanpur P.S. Case No.73 of 2022, corresponding to G.R. Case No.207 of 2022, pending in the file of learned J.M.F.C., Ranpur.

8.

CRLMP is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo