Sadananda Pani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3460 of 2019 Sadananda Pani and Another ....

Petitioners Mr. A.K. Sarangi, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. Tapas Kumar Praharaj, SC, OP No.1 Mr. G.K. Parida, Advocate for OP No.2

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

08.12.2022 Order No.

06.

1.

Heard leaned counsel for the respective parties. 2.

Prayer in the present case is for quashing of the impugned order dated 18th February, 2012 passed by the learned S.D.J.M., Panposh in 1CC Case No.194 of 2011 under Annexure-1 on the grounds stated therein.

3.

A copy of the complaint in 1CC Case No. 194 of 2011 is at Annexure-2 and the same is perused by the Court. 4.

Learned counsel for the petitioners submits that petitioners are police officers against whom a complaint is filed by opposite party No.2 but in the meantime, there has been a compromise between them and on account of such settlement reached at between the parties, the criminal proceeding pending before the learned court below should be quashed in the interest of justice. The fact of compromise is admitted by learned counsel for opposite party No.2

5.

An affidavit is sworn by opposite party No.2 which is at Flag-A and the same is also perused by this Court. As per opposite party No.2, on account of mutual settlement between the parties, the matter has been settled and he does not have any objection in the event the proceeding in 1CC No.194 of 2011 pending before the learned court below is quashed.

6.

Having regard to the above facts and compromise between the parties notwithstanding the fact that some of the offences are non-compoundable in nature, the Court is of the view that no worthy purpose would be served to continue the criminal proceeding, which therefore should be terminated. The Court is aware of the settled position of law laid down by the Apex Court in the case B.S. Joshi and others Vrs. State of Haryana & Another reported in (2003) 4 SCC 675, wherein, it has been held that inherent jurisdiction may be exercised taking into account the facts and circumstances of a particular case. Accordingly, it is ordered. 7.

Consequently, the criminal proceeding in 1CC Case No.194 of 2011 pending in the court of learned S.D.J.M., Panposh is hereby quashed.

8.

With the above direction, the CRLMC stands disposed of. 9.

Issue urgent certified copy of this order on proper application.

(R.K. Pattanaik) Judge U.K.Sahoo