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Orissa High CourtCRLMC/2269/2021disposed off

Digambar Naik v. State Of Odisha

2022-03-30Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2269 OF 2021 Digambar Naik & others ...........

Petitioners Mr. Anwar Hussen, Adv.

-versusState of Odisha and another ............

Opposite Parties Mr. P.Mohapatra, ASC Mr. S.S.Chaini,Adv. for O.P.

No.2(informant)

CORAM:

JUSTICE V. NARASINGH

ORDER

30.03.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the Petitioners and learned counsel for the informant.

In view of the affidavit at Annexure-B learned counsel for Opposite Party No.2 states that the informant does not want to proceed against the present Petitioners as the matter has been settled amicably on compromise between the parties, which is the subject matter of G.R. Case No. 80 of 2018 corresponding to Badamba P.S. CaseNo.83 of 2018 pending in the court of learned J.M.F.C., Badamba.

4.

Taking into account such compromise and in view of the principle laid down by the Apex Court in the case of Parbatbhai

Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. Vrs. The State of Gujarat and Anr; reported in AIR 2017 SC 4843, the proceeding in connection with G.R. Case No. 80 of 2018 corresponding to Badamba P.S. CaseNo.83 of 2018 pending in the court of learned J.M.F.C., Badamba stands quashed in respect of the Petitioners in exercise of power under Section 482 Cr.P.C. 5.

Accordingly, the CRLMC stands disposed of.

6.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Judge Dhal