Akshya Behera v. State
Case brief
What is this about?
The High Court of Orissa allowed the application to quash criminal proceedings under Section 482 Cr.P.C. because the civil dispute had been amicably settled by the parties through a compromise, necessitating quashing to restore village peace.
What did the court decide?
Quashing of criminal proceeding in C.T. Case No.1038 of 2014 arising out of Lingaraj P.S. Case No.56(16) dated 17th March, 2014.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5957 of 2014
Akshya Behera and others
Petitioners
Mr. P. Sahoo. Advocate
-Versus-
Order No.
State of Odisha and another …. Opposite Parties
Mr. A.P.Das, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.06.2022
1. Heard learned counsel for the petitioners and learned counsel
for the opposite party No.1 State. None appears for O.P.No.2.
- This is an application under Section 482 Cr.P.C. to quash the criminal proceeding in C.T. Case No.1038 of 2014 arising out of Lingaraj P.S. Case No.56(16) dated 17th March, 2014 pending in the file of learned S.D.J.M., Bhubaneswar on the ground that the parties have amicably settled the dispute and at present, living peacefully on account of compromise.
- As revealed from the record, FIR dated 17th March, 2014 was lodged by O.P.No.2 alleging therein the fact that at the time of occurrence, the accused persons abused him and his friends and threatened them with dire consequences. The details of incident that happened on 20th March, 2014 have been described in the FIR.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings should be quashed in the interest of justice upon settlement of the dispute by the parties.
Whether the High Court's inherent jurisdiction under Section 482 Cr.P.C. can be exercised to quash proceedings arising from a private dispute after compromise.
Parties & counsel
- petitioner
Akshya Behera and others
- respondent
State of Odisha
Coram
R.K. Pattanaik
Case details
As recorded by the court registry
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