High CourtsSingle Bench(2024) 03 OHC CK 0142

Jakshya Dindunga @ Joka Dindurka vs Kuni Kradika @ Kuni Gagarnga

Orissa High Court · Decided on 18 March 2024

HON’BLE JUDGES
S.S. Mishra, J
RESULT
Disposed Of
CASE NUMBER
CRLMC No.393 Of 2024 & CRLMC No.1454 Of 2024

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Judgment

13 paragraphs · 407 words

S.S. Mishra, J

CRLMC No.393 of 2024 & CRLMC No.1454 of 2024

1.

Since both the cases are arising out of one F.I.R., both are heard together and disposed of by the common order.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

At the instance of opposite party no.2 in CRLMC No.393 of 2024, the F.I.R. in Chandrapur P.S. Case No.06 of 2015 has been registered under Sections 417/493/313/506 of the I.P.C. corresponding to G.R. Case No.194 of 2015 pending in the Court of learned J.M.F.C., Cuttack. Petitioners are accused in this case. They seeking quashing of the F.I.R. on the ground of settlement.

4.

In CRLMC No.1454 of 2024 the informant of the F.I.R. seeking quashing of the same on the ground that they have settled the dispute. The Opposite party is the accused in this case.

5.

The parties are present in Court today along with their respective counsel. They have filed the self attested photocopies of their respective Aadhaar Cards to establish their identity, which are taken on record.

The parties appear through their respective counsel before this Court inter alia stating that they have settled their dispute. Kuni Kradika @ Kuni Gagarnga (opposite party no.2 in CRLMC No.393 of 2024) states that she has married to one Sanjay Gagaranga and living happily with him. Therefore, she does not want to proceed with the criminal case initiated by her agent petitioner Jakshya Dindunga @ Joka Dindurka. Accordingly, she has filed CRLMC No.1454 of 2024 seeking same relief.

6.

Jakshya Dindunga @ Joka Dindurka, petitioner in CRLMC No.393 of 2024 and opposite party no.2 in CRLMC No.1454 of 2024 also states that he has already been settled the dispute with the opposite party no.2 and no grievance is left amongst themselves.

4.

Mr. Roul, learned Additional Standing Counsel for the State submits that since the dispute has already settled between the parties, there is no legal impediment to quashing the F.I.R.

5.

Taking into account the aforementioned facts, the submissions made by the parties and the submission made at the bar, I am inclined to allow both the petitions. Accordingly, the F.I.R. in Chandrapur P.S. Case No.06 of 2015 corresponding to G.R. Case No.194 of 2015 pending in the Court of learned J.M.F.C., Cuttack and the consequential proceedings arising therefrom qua the petitioner in CRLMC No.393 of 2024 are quashed.

6.

Both the CRLMC are accordingly disposed of.

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