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Khirod Kumar Dash and Others vs State of Orissa

Orissa High Court · Decided on 7 February 2008 · Citation: (2008) CLT 432 (Suppl Crl)

HON’BLE JUDGES
S.C. Parija, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 294, 307, 323, 325, 34
CASE NUMBER
Criminal Miscellaneous Case No. 206 of 2008
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Judgment

6 paragraphs · 397 words

S.C. Parija, J.—This application u/s 482, Code of Criminal Procedure has been filed by the Petitioners for quashing of the further proceeding in G.R. Case No. 120 of 2007 corresponding to Aul P.S. Case No. 25 of 2007 pending before the Learned J.M.F.C., Pattamundai, which had been instituted under Sections 452, 323, 325,307,294,354,506 read with Section 34, I.P.C. In the said application u/s 482, Code of Criminal Procedure, it has been stated by the Petitioners that there has been compromise between the parties pursuant to the lodging of the F.I.R. and at the intervention of the well wishers and gentlemen of the village the matter has been amicably settled between the parties and Opp. Party Nos. 2 & 3 are not interested to proceed with the case. It is further stated in paragraphs 4 & 6 of the petition that there has been amicable settlement between the parties and there is no ill feeling between the parties and that peace and goodwill has been restored between them and therefore, if further proceeding in the case is allowed to continue, it will amount to abuse of process of Court.

2.

Opposite party No. 2 (Informant) and opp.party No. 3 (husband of the victim) have entered appearance and filed affidavits wherein it has been specifically stated in paragraphs 2 & 3 thereof that the alleged occurrence has occurred due to some ill-feeling between the parties and at the intervention of the well wishers and gentlemen of the village subsequently in the meantime the aforesaid dispute which has resulted the case has been amicably settled amongst them and that they are not willing to proceed with the G.R. case pending against the Petitioners.

3.

Considering the facts narrated in the application filed u/s 482, Code of Criminal Procedure and the affidavits filed by Opp. Party Nos. 2 & 3 and keeping in view the nature of the allegations and the offences alleged against the Petitioners, I feel that no useful purpose would be served by allowing the criminal proceeding to continue as there is bleak chance of conviction and interest of justice would be better served, if the same is quashed.

4.

Accordingly, the Criminal Proceeding against the Petitioners in G.R. Case No. 120 of 2007 pending in the Court of J.M.F.C., Pattamundai is quashed.

The Crl. Misc. Case is disposed of accordingly.

Issue urgent certified copy as per rules.