Rabindranath Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1633 OF 2021 Rabindranath Sahoo & Others .........

Petitioners Mr. D.R. Bhokta, Advocate -versusState of Odisha & Anr.

............

Opposite Parties Mr. D. Mund, AGA Mr. P. C. Jena, Advocate for the Opposite Party No.2

CORAM:

JUSTICE V. NARASINGH

ORDER

09.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard Mr. D.R. Bhokta, learned counsel for the petitioners, Mr. D. Mund, learned Additional Government Advocate for the State and Mr. P.C. Jena, learned counsel appearing for the Opposite Party No.2.

3.

The aforesaid CRLMC has been filed for quashing of the proceeding in S.T. No. 66/162 of 2017 corresponding to G.R. Case No.08 of 2016 on the file of Learned Asst. Sessions Judge, Khandapada arising out of Fategarh P.S. Case No. 02 of 2016. During pendency of the CRLMC with the intervention of the well-

wishers from both the sides, the matter is stated to have been compromised and settled out of Court.

4.

Compromise Affidavit is on record. The same has been sworn by three (3) deponents, who according to the informant, are the injured.

Such assertion is not disputed by the learned counsel for the State on perusal of the Case Diary.

5.

Paragraph No. 3 of such affidavit is quoted hereunder for convenience of ready reference;

"That, in view of the above premises we the deponents are no more interested to proceed with this criminal case against the petitioners in the present case in any manner whatsoever and hence prayed for if the entire criminal proceedings will be quashed or set aside against the petitioners, then we have no objection at all." 6.

In view of the recitals in the aforesaid paragraph and in tune with the law laid down by the Apex Court in case of Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karkur and others v. State of Gujarat and another, reported in AIR 2017 SCC 4843, the proceeding in connection with S.T. No. 66/162 of 2017 corresponding to G.R. Case No.08 of 2016 on the file of Learned Asst. Sessions Judge, Khandapada arising out of Fategarh P.S. Case No. 02 of 2016 stands quashed in respect of the petitioners, in exercise of power under Section-482 Cr.P.C.

7.

This shall however not affect the right of other injured, if any, to proceed against the accused petitioners. 8.

The CRLMC thus stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge