Bamadev Sahoo vs State Of Odisha And Others

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard Mr. S.C. Das, learned counsel for the petitioners; Mr. N. Pratap, learned Additional Standing Counsel for the State and Mr. S.Behera, learned counsel for the opposite party No.2.

The present application under Section 482 of the Cr.P.C. has been filed by the petitioner with a prayer to quash the proceeding in ICC Case No. 111 of 2021 pending in the Court of learned PJ.M.F.C.(P) Kujang.

The facts of the case are that the complainant- opposite party No.2 made a complaint before the J.M.F.C.(P), Kujang on 23.04.2021 alleging therein that on 20.04.2021 he met the petitioner near his office and requested him to stop the transportation of Phospho-Gypsum and all on a sudden the petitioner scolded him with filthy languages and on protest, he suddenly gave a kick and push and scolded him in obscene languages. He further alleged that the petitioner collected one iron rod and chased him in order to kill him.

Pursuant to order dated 02.03.2023, the Petitioner- Bamadev Sahoo is present in Court being identified by his counsel, Mr. S.C. Das. He files his original Aadhar Card, which is returned to him being substituted by Xerox attested copy thereof. Opposite Party No.2, Susanta Kumar Samal is also present being identified by his counsel, Mr. S. Behera. He also files his original Aadhar Card, which is returned to him being substituted by Xerox attested copy thereof. Both the Xerox copies of the Aadhar cards be kept on record.

An affidavit has been filed by the petitioner No.2- Susanta Kumar Samal. It is stated that the dispute between the parties has been amicably resolved and he does not want proceed with the ICC case.

On being asked, Mr. Susanta Kumar Samal submits that he does not wish to proceed with the case any further in view of the compromise between them. He further submits that the affidavit has been filed by him, on his own volition without any pressure or coercion from any quarter whatsoever.

Considering the submissions as noted above and the affidavit filed by the complainant, it is evident that the dispute has been amicably settled. Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the petitioner, especially when the chance of conviction in the said case is bleak.

This Court is therefore, inclined to allow the prayer of the petitioner. The proceedings in ICC Case No. 111 of 2021 pending in the court of learned J.M.F.C(P), Kujang is hereby quashed.

Accordingly, the CRLMC is disposed of.

Urgent certified copy of this order be granted on proper application.

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