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1998 DIGILAW 356 (ORI)

SURENDRA NATH NAYAK AND NILAMANI MEHANA v. STATE

1998-10-22

P.K.MISRA

body1998
JUDGMENT : P.K. Misra, J. - Both the cases are taken up together and disposed of by this common order. The prayer in these two petitions u/s 482, Code of Criminal Procedure, is to quash the criminal cases pending before the Judicial Magistrate First Class, Khalikote. Criminal Misc. Case No. 2704/98 relates to G.R. Case No. 245/97 (corresponding to Kodla P.S. Case No. 129/97), whereas Criminal Misc. Case No. 2703/98 relates to G.R. Case No. 244/97 (corresponding to Kodla P.S. Case No. 126/97). There was a clash between two groups of villagers of village Fasipada on 19-9-1997. The dispute arose over the question relating to cutting of a tree. In G.R. Case No. 245/97 in the F.I.R. it was alleged that offences under Sections 341, 323 and 294/34, Indian Penal Code, had been committed but subsequently charge sheet was submitted alleging commission of offence u/s 307, Indian Penal Code, in addition to other alleged offences indicated in the F.I.R. and cognisance has been taken accordingly. In Criminal Misc. Case No. 2703/98, the F.I.R. was registered alleging commission of offences under Sections 341, 343, 324/34, Indian Penal Code, but at the time of filing charge sheet, it was also stated that offence u/s 307, Indian Penal Code, had been committed in addition to other alleged offences. Both the G.R. Cases being case and counter case, the accused persons in one case are members of prosecution party in the other case. Petitions for quashing have been filed mainly on the ground that in the meantime, the two rival groups have amicably settled their disputes. The document regarding the compromise has been signed by all injured persons as well as the informant as revealed from Annexure-3 in both the cases. Separate affidavits sworn to by the respective informants have been filed in support of the petition u/s 482, Code of Criminal Procedure in both the cases. It is evident that the two groups of villagers have amicably settled the disputes among themselves. 2. It is, of course, true that the alleged offence u/s 307, Indian Penal Code, is not compoundable. Learned Counsels for the Petitioners have, however, cited several decisions of this Court and submitted that even where an offence is alleged to have been committed is not compoundable, in appropriate, case the High Court in exercise of power u/s 482, Cr.P.C. can quash such criminal proceeding on the interest of justice. Learned Counsels for the Petitioners have, however, cited several decisions of this Court and submitted that even where an offence is alleged to have been committed is not compoundable, in appropriate, case the High Court in exercise of power u/s 482, Cr.P.C. can quash such criminal proceeding on the interest of justice. The learned Counsels for the Petitioners have further submitted that keeping in view the nature of injuries sustained by the various injured persons, it cannot be said, prima facie, that an offence u/s 307, Indian Penal Code, has been made out and as a matter of fact at the time of lodging the F.I.R., a case u/s 307, Indian Penal Code, had not been registered. 3. Since the two groups of villagers have amicably resolved their disputes, it may not be in the interest of justice to allow the prosecution to continue. Moreover, since both the groups have compromised, there is hardly any chance of securing an order of conviction even if the cases are tried as the persons injured are not likely to support the prosecution case in view of the compromise. Effecting compromise in such a situation is likely to cement the amity among the two groups of villagers, whereas allowing prosecution to continue is likely to reopen the wound which has healed by lapse of time. There is also some force in the contention of the counsels for the Petitioners that the allegations, prima facie, may not make out an offence u/s 307, Indian Penal Code. Keeping in view all these aspects, I consider that it would not be in the interest of justice to allow the criminal proceedings to continue. Accordingly, the criminal cases in G.R. Case No. 244/97 and G.R. Case No. 245/97 pending before the Judicial Magistrate. First Class, Khallikote, are quashed. 4. Both the Criminal Misc. Cases are accordingly disposed of. Crl. Misc. Cases disposed of.