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Kishore Beura vs State Of Odisha And Another

Orissa High Court · Decided on 9 November 2022 · Citation: (2022) 11 OHC CK 0064

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 294, 323, 341, 506 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(4)(s), 3(2)(va)
RESULT
Disposed Of
CASE NUMBER
CRLMC No. 3104 Of 2022
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Judgment

6 paragraphs · 294 words

Savitri Ratho, J

1.

This application under Section 482 of Cr.P.C. has been filed by the petitioner for quashing the criminal proceeding and the order dated 10.07.2019 passed by the learned P.O. Special Court under SC & ST (POA) Act, Cuttack in C.T. Case No.130 of 2018 arising out of Khuntuni P.S. Case No.123 of 2018, taking cognizance of the offences punishable under Sections 341/323/294/506 of I.P.C. read with Section 3 (1) (4) (s)/3 (2) (va) of SC & ST (POA) Act.

2.

Mr. Beura, learned counsel for the petitioner submits that due to intervention of the villagers, the matter has been settled between the parties and as the petitioner and the informant belong to the same village, it would be in the interest of justice if the proceeding is quashed.

3.

Mr. Prakash Kumar Samal, learned counsel has appeared on behalf of the informant (opposite party No.2), waving notice. An affidavit has been filed on behalf of the opposite party No.2 wherein it has been inter alia stated that he had filed a complaint case against the petitioner, subsequently leading to registration of Khuntuni P.S. Case No.123 of 2018 and that the dispute between them has been amicably settled with the intervention of the other village gentries and they are living cordially. There is no dispute between them now, for which the informant does not want to proceed with the case any further. Copy of the said affidavit has been served on the learned State Counsel and she is directed to obtain instructions regarding the authenticity of the same and whether the dispute has been settled and the affidavit has been obtained voluntarily and without any coercion from opposite party No.2.

4.

List this matter in the week commencing 21st November, 2022.

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