Orissa High Court
CRLMC--3524/2013 on 16 December, 2013
Author: S.C. Parija
Bench: S.C. Parija
CRLMC No.3524 of 2013 02. 16.12.2013
Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the informant-opposite party no.2.
This application under Section 482 Cr.P.C. has been filed by the accused persons-petitioners praying for quashing of the criminal proceeding initiated against the petitioners in G.R. Case No.899 of 2013, pending in the Court of learned S.D.J.M., Kendrapara, arising out of Kendrapara Town P.S. Case No.83 of 2013, under Sections 341/323/294/380/506/34 I.P.C. and Section 25 Arms Act.
The brief facts of the case is that the informant- opposite party no.2 lodged a written report before the Kendrapara Town Police Station, which was registered as Kendrapara Town P.S. Case No.83 of 2013, under Sections 341/323/294/380/ 506/34 I.P.C. and Section 25 Arms Act., alleging therein that he is a wholesaler of eggs and has a shop situated at Tinimuhani Chhak and on 14.7.2013 at about 11 P.M., while he was going to close his shop, the petitioners came in an Auto-rickshaw and showing a country made pistol, demanded money from him. It was further alleged that the petitioners caught hold of him and threw him out of his shop. At that time one of his well-wisher present at the shop tried to save him, but the petitioners also caught hold of him and took away Rs.7,200/- from him and fled away from the spot.
It is stated that the impugned F.I.R. has been registered on false and baseless allegations due to dispute mp 2 between the parties. It is stated that in the meantime the informant and the petitioners have entered into a compromise on the intervention of the local people and Bazaar Committee and after such compromise, the parties are living peacefully in the village. It is further stated that the said fact of compromise between the parties was also intimated to the Investigating Officer, who did not take any steps to drop the case. It is accordingly submitted that as the dispute between the parties have been amicably resolved / settled and the parties are now residing peacefully, having a good relationship amongst them and the informant does not want to pursue the case any further against the present petitioners, no useful purpose would be served by allowing continuance of criminal proceeding against the present petitioners, especially when the chances of their ultimate convictions are bleak.
The informant-opposite party no.2 in his affidavit has stated that due to misunderstanding and quarrel, he had lodged the impugned F.I.R. against the present petitioners. It is further stated that the dispute between the parties has been amicably settled on the intervention of the well-wishers and Bazaar Committee and the parties are living peacefully, having a cordial relationship and there is no possibility of any dispute or disturbance between the parties. It is further stated that in view of the compromise entered into between the parties, the informant does not want to continue with the proceeding against the present petitioners any further.
Considering the submission made and keeping in view the affidavit filed by the informant-opposite party no.2 and mp 3 also the fact that the matter has been compromised between the parties, I find no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioners, especially when the chances of their ultimate convictions are bleak.
Accordingly, the criminal proceeding initiated against the petitioners in G.R. Case No.899 of 2013, pending in the Court of learned S.D.J.M., Kendrapara, arising out of Kendrapara Town P.S. Case No.83 of 2013, under Sections 341/323/294/380/ 506/34 I.P.C. and Section 25 Arms Act and all consequential criminal proceedings are hereby quashed.
CRLMC is accordingly disposed of.
Issue urgent certified copy as per rules.
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S.C. Parija, J.
Misc. Case Nos.2403 and 2404 of 2013
03. 16.12.2013 In view of the order passed today in CRLMC No.3524 of 2013, no order is necessary.
Misc. Cases are accordingly disposed of.
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S.C. Parija, J.
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