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2021 DIGILAW 475 (ORI)

Subash Chandra Kar v. State Of Odisha

2021-11-23

R.K.PATTANAIK

body2021
ORDER 1. Application under Section 482 Cr.P.C. is filed by the petitioner seeking an order to quash the criminal proceeding in C.T. Case No.457 of 2017 corresponding to Bhubaneswar Mahila P.S. Case No.8 of 2017 pending in the file of learned S.D.J.M., Bhubaneswar on the ground that there has been an amicable settlement between the parties. 2. Heard learned counsel for the petitioner and learned counsel for the opposite parties. 3. The petitioner is seeking quashing of the criminal proceeding in C.T. Case No.457 of 2017. Originally, the petitioner approached this Court to get the order of cognizance dated 13.02.2017 passed by the learned court below set aside. At present, a joint affidavit dated 19.04.2021 sworn by the petitioner and OP No.2 is filed by stating that the matter to have been amicably settled between them, in the meantime and therefore, both do not want to proceed with the case. 4. Learned counsel for OP No.2 supported the claim of the petitioner and admitted about the settlement between the parties. On perusal of the joint affidavit dated 19.04.2021, it is made to suggest that the parties removed their differences and reached at an amicable settlement and have started living together and therefore, expressed desire not to proceed with the case. 5. Considering the aforesaid affidavit and keeping in view the interest of the parties, who seem to have reunited by virtue of an amicable settlement and appreciating the contention of the learned counsel appearing for them, the Court is of the humble opinion that it is a fit case where the criminal proceeding in C.T. Case No.457 of 2017 should be quashed. 6. In view of the settled position of law laid down by the Supreme Court in the case of B.S. Joshi and others Vrs. State of Haryana and another decided on 13th March 2003, the Court is of the humble opinion that in the interest of the parties involved, the criminal proceeding in C.T. Case No.457 of 2017 should be quashed. In view of the settled position of law laid down by the Supreme Court in the case of B.S. Joshi and others Vrs. State of Haryana and another decided on 13th March 2003, the Court is of the humble opinion that in the interest of the parties involved, the criminal proceeding in C.T. Case No.457 of 2017 should be quashed. In fact, in the decision (supra), the Supreme Court held and observed that in case of compromise between the parties in a matrimonial dispute, for the ends of justice, criminal proceeding pending in courts should be quashed so as to bring the litigation to an end notwithstanding the fact that the offences to be non- compoundable in nature and it should be by exercising inherent jurisdiction under Section 482 Cr.P.C. Thus, regard being had to the above law, the Court is inclined to exercise such jurisdiction to serve the ends of justice. 7. Hence, it is ordered. 8. In the result, application of Section 482 Cr.P.C. filed by the petitioner, for the reasons discussed herein above, stands allowed. Consequently, the criminal proceeding in C.T. Case No.457 of 2017 arising out of Bhubaneswar Mahila P.S. Case No.8 of 2017 pending in the court of learned S.D.J.M., Bhubaneswar is hereby quashed. 9. The CRLMC is accordingly disposed of.