The High Court of Orissa, in an application under Section 482 Cr.P.C., refused to quash criminal proceedings involving rape offences despite a compromise between parties, relying on Narinder Singh. The matter was rejected.
Application for quashing of criminal proceeding and cognizance order is rejected.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2978 of 2015
Nimai Charan Behura
…. Petitioner
-versus-
…. State of Odisha & another Opposite Parties
CORAM: JUSTICE S.PUJAHARI
Order No.
ORDER 01.12.2021
counsel for the State so also learned counsel for the Informant.
3 . This application under Section 482 of Cr.P.C. has been
filed by the Petitioner to quash the criminal proceeding as well
as the impugned order taking cognizance in connection with G.R. Case No.383 of 2013 arising out of Rajnagar P.S. Case
No.82 of 2011 pending in the court of Sessions Judge, Kendrapara on the ground of compromise made between the parties. The offences alleged are punishable under Sections 448/376/511 IPC.
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// 2 //
4 . Considering the facts and the submissions made, nature
of accusation appearing against the Petitioner, especially in a case of rape, which is heinous and serious in nature and in view of the decision of the apex Court in the case of Narinder Singh and others v. State of Punjab and another , reported in (2014) 6 SCC 466, this Court is not inclined to quash the cognizance on the ground of compromise made between the parties.
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2 issues framed by the court
Whether criminal proceedings and the impugned order taking cognizance for rape offences can be quashed on the ground of compromise.
Whether the decision in Narinder Singh and others v. State of Punjab applies to restrain quashing of cognizance in rape cases.
Colour shows how this judgement treated each authority
Narinder Singh and others v. State of Punjab and anotherFollowed¶20
(2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Nimai Charan Behura
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
