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2013 DIGILAW 485 (ORI)

Santosh Kumar Sahoo v. State of Orissa

2013-12-10

S.C.PARIJA

body2013
ORDER Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the informant-opposite party No.2. This application filed under Section 482 Cr.P.C. praying for quashing of the criminal proceeding initiated against the petitioners in G.R.Case No. 750 of 2012, arising out of Khurda Road, G.R.P.S. Case No. 129 of 2012, pending in the Court of learned J.M.F.C. (O), Bhubaneswar, under Sections 341/307/34, IPC. The brief facts of the case is that the petitioners as well as informant-opposite party No.2 have been working as a Scavengers at Khurda Road Railway Station being engaged through a Contractor and admittedly, the petitioners and the informant are co-workers under the same employer. In order to protect their collective interests, all the Scavengers engaged through the Contractor at Khurda Road Railway Station intended to form a Trade Union and all the members subscribed to the funds of the Union. It is alleged that when the informant was requested to subscribe, he reacted violently and lodged the impugned F.I.R. against the present petitioners, making false allegations. It is submitted that the injuries sustained by the informant are simple in nature and the police after completion of investigation, has submitted the charge-sheet against the present petitioners under Sections 143/341/ 323/387/34, IPC and the learned Magistrate has taken cognizance of the offences against the present petitioners. Learned counsel for the petitioners submits that as the informant and the present petitioners are fellow workers, they have realized their fault in indulging in such activity and on the intervention of other co-workers, both the parties have amicably settled their dispute. It is submitted that the informant, after amicably settlement of the inter se dispute, does not want to continue the criminal proceeding against the present petitioners. It is accordingly submitted that as the dispute has been amicably settled between the parties, no useful purpose would be served by allowing continuance of the criminal proceeding against the present petitioners, especially when the chances of their ultimate conviction are bleak. The informant-opposite party No.2 has filed an affidavits stating therein that in the meantime, the matter has been amicably compromised/ settled between the parties, on the intervention of the local people and he does not want to proceed with the case any further. The informant-opposite party No.2 has filed an affidavits stating therein that in the meantime, the matter has been amicably compromised/ settled between the parties, on the intervention of the local people and he does not want to proceed with the case any further. Considering the submission made and keeping in view the affidavit filed by the informant-opposite party No.2 and also the fact that the matter has been amicably resolved between the parties, I find no useful purpose would be served by allowing continuance of the criminal proceedings against the petitioners, especially when the chances of their ultimate convictions are bleak. Accordingly, the criminal proceedings initiated against the petitioners in G.R. Case No. 750 of 2012, pending before the learned J.M.F.C. (O), Bhubaneswar, arising out of Khurda Road, G.R.P.S. Case No. 129 of 2012, under Sections 341/307/34, IPC and all consequential, criminal proceedings are hereby quashed. CRLMC is accordingly disposed of. Issue urgent certified copy as per rules. CRLMC disposed of.