Disposed

Babu @ Sulekha Biswal v. State of Odisha

Orissa HC2 May 2024CRLMC/723/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIRs registered in 2012 in cross-cases after settling the dispute with the complainant. The Court entertained the petition only for Jenapur P.S. Case No.44 of 2012, accepted the affidavit of settlement, and relying on Supreme Court precedent quashed the criminal proceeding against the petitioners.

What did the court decide?

Criminal proceeding in C.T. Special Case No.349 of 2014 arising out of Jenapur P.S. Case No.44 of 2012 and consequential proceedings qua the Petitioners were quashed; liberty granted to file a separat

Babu @ Sulekha Biswal Vs State of Odisha — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.723 OF 2024

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Babu @ Sulekha Biswal and …. Petitioner(s) another

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Mr. P. C. Nayak, Advocate

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-versus-

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…. State of Odisha and others Opposite Party(s)

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Mr. S. R. Roul, ASC

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Mr. G. C. Sahu, Advocate for O.P.3

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

Heard.

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02.05.2024

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At the instance of Opposite Party No.3, the F.I.R. dated 16.04.2012 in Jenapur P.S. Case No.44 of 2012 under Sections 341,

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294, 323, 354, 506 and 34 of I.P.C. came to be registered against the Petitioners.

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By way of a cross F.I.R., the present Petitioners have also lodged an F.I.R. being Jenapur P.S. Case No.45 of 2012 against the Opposite Parties in the present case. The Petitioners have now settled their dispute with the Opposite Parties. Therefore, the Petitioners have filed the present petition seeking quashing of both the F.I.Rs.

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The conjoint application for quashing of both the F.I.Rs. in the present proceeding cannot be entertained. Therefore, the present

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petition is only entertained for quashing of the F.I.R. being Jenapur P.S. Case No.44 of 2012.

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Learned counsel for the respective parties submits that they would be preferring a separate petition seeking quashing of F.I.R. being Jenapur P.S. Case No.45 of 2012 on the ground of settlement.

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The Petitioners and the Opposite Party No.3 are present in the Court and being identified by their respective counsels. They have also filed the self-attested copies of their Aadhaar Cards before this Court to establish their identity, which are taken on record.

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The Opposite Party No.3 has filed an affidavit dated 01.05.2024 before this Court inter alia stating that she has settled the dispute with the Petitioners and there was a cross case registered against her at the instance of the Petitioners. They have settled both the disputes on the intervention of the village gentries and wellwishers. Therefore, she is not willing to prosecute the present Petitioners in the instant F.I.R. namely Jenapur P.S. Case No.44 of 2012.

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Mr. Roul, learned Additional Standing Counsel for the State submits that since the parties have settled their inter-se dispute

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and the F.I.R. was registered way back in the year 2012, there is no legal impediment in quashing the F.I.R.

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Taking into consideration that the parties have settled their dispute and keeping in view the judgment of the Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675 , I am of the considered view that subjecting the Petitioners to trial would be a futile exercise. Therefore, the petition deserves merit. Accordingly,

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the criminal proceeding in C.T. Special Case No.349 of 2014 corresponding to G.R. Case No.351 of 2012 arising out of Jenapur P.S. Case No.44 of 2012 (J.M.F.C., Chandikhole) now pending in the Court of the learned ADJ-cum-Special Judge, Jajpur and the consequential proceedings arising therefrom qua the Petitioners are quashed.

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Liberty is granted to the Petitioners to file separate petition

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for quashing of the F.I.R. being Jenapur P.S. Case No.45 of 2012.

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The CRLMC is disposed of.

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(S.S. Mishra) Judge

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Signature Not Verified

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Digitally Signed Swarna Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 03-May-2024 13:41:08

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Babu @ Sulekha Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babu @ Sulekha Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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