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Judgment
S.S. Mishra, J.
Heard learned counsel for the petitioner and learned counsel for the Opposite Parties.
At the instance of Opposite Party No.2, the F.I.R. No.0028 dated 09.07.2016 for the offences under Sections 294/341/323/506/379/34 IPC came to be registered against the petitioner. The parties have now settled their dispute and they have filed a joint affidavit dated 29.01.2024. In the joint affidavit they have reiterated their stand inter alia stating that the Opposite Party No.2 has settled the dispute with the petitioner and he does not want to proceed with the criminal case against the petitioner. Both the parties are present in Court represented by their respective counsel. They are identified by their respective counsel. They have filed self-attested photocopies of their respective Aadhaar Cards, which are taken on record.
Mr. Ragada, learned Additional Government Advocate appears for the State and submits that since the parties have now settled the dispute and filed the joint affidavit and they are present in the Court, there is no legal impediment in quashing the proceeding.
Taking into consideration the aforementioned facts and circumstances and the statement made at the Bar and in the light of the fact that the petitioner and the Opposite Party No.2 have now settled their dispute amicably and they have reiterated the same through the joint affidavit and confirmed the same by presenting themselves in Court, I am of the considered view that the criminal prosecution against the petitioner arising out of the F.I.R. No.0028 dated 09.07.2016 for the offences under Sections 294/341/323/506/ 379/34 IPC deserves to be quashed.
Accordingly, the F.I.R. No.0028 dated 09.07.2016 for the offences under Sections 294/341/323/506/379/34 IPC corresponding to G.R. Case No.1152 of 2016 pending in the Court of the learned S.D.J.M. (S), Cuttack is quashed, subject to the petitioner paying cost of Rs.1,000/- (Rupees one thousand) to the Orissa High Court Advocates’ Welfare Fund.
The CRLMC is accordingly disposed of.
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