Srikant Guru Vs State of Odisha

CRLMC No.307 of 2020

18.03.2021 Heard learned counsel for the petitioner and learned counsel for the State.

This petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashment of the F.I.R on the ground that the matter has been settled between the parties. The offence alleged against the petitioner is under Sections 366, 376(2)(n) of I.P.C. and under Section 6 of the POCSO Act.

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Learned counsel for the petitioner submits that due to misunderstanding, the case has been initiated against the petitioner and as such, the prosecution launched against the petitioner may be quashed especially when the matter has been compromised between the parties.

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Learned counsel for the State, however, makes objection to such prayer.

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Considering the aforesaid facts and submissions made, especially the fact that the offences alleged are heinous and serious in nature and F.I.R. discloses commission of the aforesaid offences, which are cognizable in nature, Police is investigating into truthfulness of the

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allegation and involvement of the petitioner in exercise of the statutory power. In such premises, this Court is of the view that compromise between the parties, can hardly be a ground to quash the F.I.R. against the petitioner in exercise of power under Section 482 of Cr.P.C., particularly in view of the law laid down in the case of Narinder Singh and others vrs. State of Punjab and another , reported in (2014) 6 SCC 466.

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Accordingly, the prayer made for quashment of the FIR is devoid of merit and the CRLMC stands dismissed.

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RKS

Srikant Guru v. State of Odisha

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Srikant Guru v. State of Odisha

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