Jembeswar Pradhan v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1706 of 2011 Shri Jambeswar Pradhan and another ....

Petitioners -versusState of Odisha and another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

27.07.2022 Order No.

06.

1.

This matter is taken up through Hybrid mode.

2.

Heard learned counsel for the Petitioner.

3.

The Petitioner sought for quashment of the order of cognizance dated 25.01.2011, passed by the J.M.F.C., Ranpur in 1.C.C. No.1020 of 2010. The cognizance has been taken for the offences punishable under Section 294/506 of I.P.C. The complainant appeared in person before this Court today being identified by her Advocate, Jayadeb Behera. Photo copy of the Aadhar card was produced in Court today for identification purpose, which is taken on record.

4.

The offences are serious in nature. The complainant does not want to continue with the proceeding any further as the matter has been amicably settled between the parties. Further instruction has already been received from the

// 2 // concerned I.I.C. stating that the fact of compromise between the parties is correct, copy of which is filed by the State Counsel through a memo in Court today, which is taken on record.

5.

Considering the aforesaid facts and submissions, this Court is of the view that no useful purpose would be served in allowing the continuance of the proceeding any further, as there is bleak chance of conviction. Therefore, allowing the prosecution to continue would be an abuse of the process of Court. Accordingly, this Court in exercise of power under Section 482 Cr.P.C. is inclined to quash the proceeding in 1.C.C. Case No.102 of 2010 pending against the accused person. The court in seisin over the matter on receipt of copy of this order shall drop the proceeding accordingly. 6.

CRLMC is accordingly disposed of.

7.

Issue urgent certified copy as per rues.

(S. Pujahari) Judge Uks