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2014 DIGILAW 226 (ORI)

Lokanath @ Anadi Sethi v. State of Orissa

2014-04-04

S.C.PARIJA

body2014
ORDER : Sri B.K. Mishra enter appearance for the informant and files Vakalatnama along with an affidavit in Court today, which be kept on record. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the informant-opposite party No.5. This application under Section 482 Cr. P.C. has been filed praying for quashing of the criminal proceeding initiated against the petitioners in G.R. Case No. 188 of 2014, arising out of Mahanga P.S. Case No. 46 of 2014, pending in the Court of learned J.M.F.C. Salipur, under Sections 341/323/294/506/427/34 IPC read with Section 3(1)(x) of SC and ST (PA) Act. The brief facts of the case is that the informant-opposite party No.5 lodged a written report before the I.I.C. Mahanga Police Station, Cuttack, which was registered as Mahanga P.S. Case No. 46(13) of 2014, stating therein that he was running a fish and chicken shop near Bhairaba Padia, Mahanga in the district of Cuttack. On 17.03.2014 at about 12.00 noon, while he was sitting in his shop room, the accused-petitioners came there holding sticks in their hands and abused him in filthy language and threatened him that they will not permit a B.J.D. supporter to open a fish and chicken shop there. When the informant objected to such activity, they dragged him out from his shop room, assaulted him by fist and kick blows and damaged the bike, which was standing near his shop room. It is submitted that the impugned FIR has been lodged on false and fabricated allegations. It is submitted that the informant has opened his shop near the temple for which the villagers protested. Being aggrieved by such protest of the villagers, he lodged the present FIR. It is submitted that in the meantime the matter has been amicably resolved between the parties and they have no further dispute and they are living peacefully in the village. It is submitted that in view of the compromise between the parties, the informant wants to withdraw the case and does not want to pursue the criminal proceeding initiated against the petitioners. It is accordingly submitted that in view of the compromise entered into between the parties, 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. It is accordingly submitted that in view of the compromise entered into between the parties, 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.5 has filed an affidavit in Court today stating therein that the dispute between the parties have been amicably settled in the meantime. It is further stated in the said affidavit that the informant is no more interested in the case and he has no objection if the criminal proceeding against the petitioners is quashed. Considering the submissions made and keeping in view the affidavit filed by the informant-opposite party No.5 and 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 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. 188 of 2014, arising out of Mahanga P.S. Case No. 46 of 2014, pending in the Court of learned J.M.F.C. Salipur under Sections 341/323/294/506/427/34 IPC read with Section 3 (1)(x) of SC and ST (PA) Act and all consequential criminal proceedings are hereby quashed, CRLMC is accordingly disposed of. Issue urgent certified copy as per rules. CRLMC disposed of.