In a CRLMC under section 482 Cr.P.C., the High Court allowed the petitioner's prayer to quash criminal proceedings filed for offences under sections 341/325 IPC as the matter had been amicably settled between parties and the offences were compoundable.
Criminal proceeding in G.R. Case No.210 of 2017 pending in J.M.F.C.(R), Cuttack quashed.
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CRLMC No.1163 of 2017
03. 09.03.2019
Learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State are present.
In this application under section 482 Cr.P.C., the petitioner Gitarani Nanda has prayed for quashing the criminal proceeding in Barang P.S. Case No.22 of 2017 corresponding to G.R. Case No.210 of 2017 passed by the learned J.M.F.C.(R), Cuttack for offences under sections 341/325 of the Indian Penal Code.
Learned counsel for both the parties submit that in the meantime, the matter has already been settled between the parties and to that effect, the informant/opposite party no.2 has filed an affidavit.
Learned counsel for the State has no serious objection as the offences are compoundable in nature.
Considering the submissions made by the learned counsel for the respective parties, since the matter has already been amicable settled between the parties and the offences are compoundable in nature, I am inclined to accept the prayer made by the petitioner in this application.
P
Accordingly, I direct the criminal proceeding in G.R. Case No.210 of 2017 pending in the court of learned J.M.F.C.(R), Cuttack stands quashed.
The CRLMC application is allowed.
Urgent certified copy of this order be granted on proper application.
……………………..
S.K. Sahoo, J. (National Lok Adalat)
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1 issue framed by the court
Whether the criminal proceedings under sections 341/325 IPC should be quashed upon settlement between parties?
2 provisions across 2 enactments
Gitarani Nanda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
