JUDGMENT : A.K. Samantaray, J. - Heard Learned Counsel for the Petitioners as well as Learned Addl. Standing Counsel appearing for the State. 2. By this CRLMC the Petitioners, who are accused persons in C.T. No. 776 of 2004 corresponding to Balasore Town P.S. Case No. 152 of 2004 have come with a prayer for quashing the said criminal proceeding Under Sections. 454, 380, 427, 188/34 of the Indian Penal Code. 3. The allegation in the said Criminal proceeding against the Petitioners is that on 6.6.2004 at about 12.30 P.M. while the informant Sandeep Khandelwal went to his residential house for taking lunch after transacting business in the shop situated in Balasore town, these Petitioners made criminal trespass into the said shop, committed theft of materials Kept inside the shop, damaged some materials which the informant came to know after his return to the shop and reported the matter at Balasore Town P.S. on the very same day at 5.45 P.M. on the basis of which the criminal proceeding was initiated by the Police culminating in the C.T. Case. 4. As it appears, the informant was lessee in the house of Petitioner No. 1 Radhakrushna Behera and relating to vacation of the said premise by the informant there was difference and the Civil Suit No. 320 of 2004 was pending in the Court of Civil Judge (Sr. Division), Balasore. It appears that the civil suit was initiated earlier to the alleged occurrence by the informant against Smt. Sabitarani Behera and Radhakrushna Behera-Petitioner No. 1, Sabitarani Behera being the wife of Petitioner No. 1. It is submitted by Learned Counsel for the Petitioner that the civil suit initiated by O.P. No. 2 to this CRLMC as Plaintiff has already been compromised by filing a compromise petition before the Civil Judge (Sr. Division), Balasore and on 28.3.2005 the Learned Civil Judge (Sr. Divn.) allowed the Petitioner under Order 23 Rule 1 CPC and treated the civil suit to have been dismissed as withdrawn. Division), Balasore and on 28.3.2005 the Learned Civil Judge (Sr. Divn.) allowed the Petitioner under Order 23 Rule 1 CPC and treated the civil suit to have been dismissed as withdrawn. Learned Counsel also draws my attention to the Petitioner filed by the Plaintiff on 19.3.2005 on which the said order was passed on 28.3.2005 and in the said petition there is specific averment that the civil matter has been compromised in all respects between the parties and the criminal proceeding has also been compromised in pursuance to the said settlement in the civil dispute and Plaintiff has decided not to prosecute the criminal proceeding against the accused/Petitioners. 5. This being the position, it is submitted by Learned Counsel for the Petitioners that there would be absolutely no fruitful purpose served, rather, it would be a futile exercise for the Court, where the criminal proceeding is pending, if the proceeding i.e. C.T. No. 776 of 2004 is allowed to linger after the informant is not ready and willing to prosecute the same and depose against these Petitioners against whom he had alleged some overt act. The informant, who is O.P. No. 2 in this CRLMC was noticed and after receiving notice although he has entered appearance through his Learned Counsel, but none appeared on his behalf which further goes to show that he is not interested in the said criminal litigation any more. 6. In the circumstances, therefore, after hearing Learned Counsel for the Petitioners as well as the Learned Addl. Standing Counsel, I allow this CRLMC and quash the entire criminal proceeding in C.T. No. 776 of 2004 pending in the Court of S.D.M. Balasore. 7. Issue UCC as per rules. CRLMC allowed