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Judgment
Heard Mr. Pradhan, Learned Counsel for the Petitioners and Mr. Panda, Learned Counsel for the opp. party No. 1 and Mr. Rout, learned Additional Standing Counsel.
The Petitioners have been implicated in this case, u/s 341/323/294/34, Indian Penal Code in G.R. Case No. 645 of 1995 arising out of Khurda P.S. Case No. 227 of 1995. Charge sheet has been submitted since long and the cognizance has been taken on 1.11.1995. Due to the interference of the village gentries, the dispute between the parties has been settled out of Court. Learned Counsel for the Petitioners submits that except Section 294, Indian Penal Code all other offences are compoundable. In support of his submission, he has relied upon a decision of the Hon''ble Apex Court in the case of B.S. Joshi v. State of Haryan CLT 2003 (Supp.) (Cri.) 815 (SC): (2003) 25 OCR (SC) 99. In the said decision, the Hon''ble Apex Court has held that if for the purpose of securing ends of justice quashing of proceeding becomes necessary, the High Court in exercise of inherent powers can quash the criminal proceedings u/s 482 of Code of Criminal Procedure It was further observed that where chance of conviction is bleak, Court can proceed to quash proceedings taking into consideration special facts of the case.
In view of the above facts and circumstances of the case and the submissions made by the parties, this Court is of the opinion that chance of conviction of the Petitioners in this proceeding is very bleak. That apart the G.R. Case is of the 1995. Therefore, this Court in exercise of its inherent powers u/s 482 of Code of Criminal Procedure quashes the order of taking cognizance dated 1.11.1995 passed in G.R. Case No. 645 of 1995 arising but of Khurda P.S. Case No. 227 of 1995 pending in the Court of learned S.D.J.M., Khurda.is allowed.
Urgent certified copy of this order be granted on proper application.
Application allowed.