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2022 DIGILAW 592 (ORI)

Krishna Chandra Behera v. State of Odisha

2022-12-07

SAVITRI RATHO

body2022
JUDGMENT Savitri Ratho, J. - CRLMC No.551 of 2022 & I.A. No.438 of 2022 1. This application under Section 482 of Cr.P.C. has been filed by the petitioners for quashing the entire criminal proceeding in G.R. Case No.65 of 2019 (arising out of Damanjodi P.S. Case No.04 of 2019), pending in the Court of learned S.D.J.M., Koraput in which charge sheet has been submitted against the petitioners for commission of offences under Sections 341/294/323/506/34 of I.P.C. 2. In paragraph-7 of the petition, it has been stated that during pendency of the criminal case, as per the intervention of family members, friends and well-wishers, the matter has been settled between the informant and petitioners outside the Court, for which none of the parties want to proceed with the case. 3. Learned counsel for the petitioner submits that the petitioners belong to same village and interest of justice would be served if the proceedings are quashed and no useful purpose will be served in allowing the proceedings to continue when the parties do not want to proceed with the case. 4. Considering the above submissions, issue notice to the opposite parties. 5. Notice on behalf of opposite party No.1 is accepted by Mr. D.Nayak, learned Additional Government Advocate who shall obtain the case diary and instructions regarding the settlement. Requisites for issuance of notice on opposite party No.2 by registered post with A.D. shall be filed by 12.12.2022, making it returnable within four weeks. One set of process fee shall be accepted. 6. List this matter in the week commencing 24th January, 2023. 7. In the interim, further proceeding in G.R. Case No.65 of 2019, pending in the Court of learned S.D.J.M., Koraput shall remain stayed till the next date. 8. Urgent certified copy of this order be granted as per rules.