The court dismissed the petition under section 482 Cr.P.C. seeking quashment of criminal proceedings. It held that since the case involves non-compoundable offences under sections 307 IPC, 9-B Explosives Act, and 27 Arms Act, the prayer was not meritorious.
The petition filed under section 482 Cr.P.C. is dismissed as devoid of merit.
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CRLMC No. 2647 of 2003
09.08.2016 None appears on behalf of the petitioners.
Heard the learned counsel for the State as well as learned counsel for the opposite pa
rty no.2.
The petitioners have filed this application under section 482 Cr.P.C. to quash the ent
ire proceedings in G.R. Case No. 16 of 1998 pending in the Court of learned S.D.J.M., Puri whi
ch arises at of Puri Sadar P.S. Case No. 2 of 1998 in which charge sheet has been submitted un
der sections 147/148/341/380/307/427/506/149 of the Indian Penal Code and section 9-B of the E
xplosives Act and section 27 of the Arms Act and accordingly cognizance was taken.
The main ground taken by the learned counsel for the petitioners for quashing the proc
eeding is that the matter has been amicably settled between the parties and therefore, no frui
tful result will come out in allowing the proceeding to continue inasmuch as the chance of con
viction of the petitioners is bleak in view of such compromise. In support of such contention,
he has annexed certain affidavits to this application under section 482 Cr.P.C.
As it appears, apart from other offences, this case involves offences under section 30
7 of the Indian Penal Code as well as section 9-B of the Explosives Act and section 27 of the
Arms Act which are not compoundable in nature. Therefore, in view of the ratio of decision of
the Honble Supreme Court in case of State of Madhya Pradesh Vrs.- Deepak reported in (2014) 59
Orissa
Criminal Reports (SC) 599, I am not inclined to accept the prayer made by the learned counsel
for the petitioners.
Accordingly, petition filed being devoid on merit, stands dismissed.
..
3
1 issue framed by the court
Whether proceedings involving compoundable offences can be quashed when a non-compoundable offence is also present.
Colour shows how this judgement treated each authority
State of Madhya Pradesh Vrs.- DeepakReferred¶2
(2014) 59 Orissa Criminal Reports (SC) 599
5 provisions across 4 enactments
Petitioners
State
Opposite party no.2
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court