Krushna Chandra Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1735 of 2022 Krushna Chandra Biswal ....

Petitioner -versusState of Odisha & another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI Order No.

ORDER

29.07.2022 02.

1.

This matter is taken up through Hybrid mode.

2.

Heard Mr. Rath, learned counsel for the Petitioner and Mr. Sahoo, learned counsel for the Opposite Party No.2. 3.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner to quash the FIR in connection with Mahanga P.S. Case No.139(3) of 2014 corresponding to G.R. Case No.53 of 2014 pending in the court of learned Special Court under POCSO Act, Cuttack on the ground of compromise made between the parties.

4.

Learned counsel for the Petitioner submits that since the Petitioner and the victim are residing in the same house, even if the allegation made against the Petitioner is serious in nature, the prosecution be quashed. The same is not disputed by the learned counsel appearing for the Opposite Party No.2-victim.

// 2 // 5.

Considering the facts and the submissions made and since the allegation made against the Petitioner is serious in nature and in view of the decision of the apex Court in the case of Narinder Singh and others v. State of Punjab and another, reported in (2014) 6 SCC 466, this Court is not inclined to quash the FIR on the ground of compromise made between the parties. 6.

Accordingly, this CRLMC stands dismissed.

(S. Pujahari) Judge PKS