Quashed

Abeenash Acharya v. State of Orissa

Orissa HC5 Dec 2016CRLMC/2987/2016

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings pending before S.D.J.M.(S), Cuttack, arising from an FIR alleging offences under IPC Sections 498-A, 323, 342, 506, 34 and section 4 of the D.P. Act. The quashing was granted based on the Supreme Court ratio in B.S. Joshi, noting a compromise between parties and the likelihood of acquittal.

What did the court decide?

The proceeding of G.R. Case No.470/2015 arising out of Cuttack Mahila P.S. Case No.26/2015 is quashed and the CRLMC disposed of.

Abeenash Acharya Vs State of Orissa — Dowry and Cruelty | Orissa HC (2016)

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CRLMC NO.2987 OF 2016

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05.12.20161. Mr. Suryakanta Dwibedi, learned counsel, appears on behalf of the informant Rubi Satpathy

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@ Chandini Acharya, opposite party no.2, and files Vakalatnama along with an affidavit in Cou rt today. The same be kept on record.

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2. Heard learned counsel for the petitioner, learned counsel for the informant and learned Add l. Standing Counsel for the State.

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3. It appears from the affidavit that there has been a compromise between the parties and the petitioner will give certain amount to the informant as permanent alimony and because of such compromise she has no objection if the case pending before the learned S.D.J.M.(S), Cuttack s hall be quashed by this Court. It is apparent that F.I.R. has been filed against the petitio ner for the alleged commission of offences under Sections 498-A/323/342/506/34 of the I.P.C. a nd Section 4 of the D.P. Act. As per the ratio decided in the case of B.S. Joshi and others Vrs. State of Haryana and another; 2003 (4) Supreme Court Cases 675, the Honble Supreme Court has held that the matter of this nature can be quashed on compromise in exercise of power con ferred upon the Court under Section 482 of the Cr.P.C.

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4. In that view of the matter and in view of the fact that there has been compromise between
the parties, the fact that after trial the criminal case shall definitely end in acquittal as
 the victim will not state anything in favour of the prosecution and there is every possibil
ity of witnesses become hostile, this Court is of the opinion that the proceeding of G.R. Case
 No.470/2015 arising out of Cuttack Mahila P.S. Case No.26/2015 pending in the court of learne
d S.D.J.M.(S), Cuttack should be quashed.

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5. Accordingly, the proceeding of G.R. Case No.470/2015 arising out of Cuttack Mahila P.S. Cas
e No.26/2015 pending in the court of learned S.D.J.M.(S), Cuttack is hereby quashed and the CR
LMC is disposed of.

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6. Urgent certified copy of this order be granted on proper application.

Abeenash Acharya v. State of Orissa

Case brief

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Abeenash Acharya v. State of Orissa

Case brief

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