Jagannath Acharya v. Amulya Pradhan

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3377 of 2019 Jagannath Acharya ....

Petitioner -versusAmulya Pradhan ....

Opposite Party CORAM: JUSTICE S.PUJAHARI Order No.

ORDER

08.02.2022 07.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned counsel for the Opposite Party.

3.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner to quash the criminal proceeding as well as the impugned order taking cognizance under Sections 147/294/451/379/380/427/435/436/149 IPC in connection with ICC Case No.31 of 2019 pending in the court of J.M.F.C., Pattamundai on the ground of compromise made between the parties.

4.

Considering the facts and the submissions made, nature of accusation appearing against the Petitioner, especially in a

// 2 // case under Section 436 IPC, which is triable by the Court of Sessions and the same is heinous and 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 cognizance on the ground of compromise made between the parties.

5.

Accordingly, this CRLMC stands rejected.

(S. Pujahari) Judge PKS