Muna Jena Vs State of Odisha

Learned counsel for the Petitioners submits that July Baral @ July Jena, who is the victim and present in the Court today, has not been impleaded as a party. He may be permitted to implead her as Opposite Party No.3. The same may be done during course of the day and counter signing by the counsel on record.

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At the instance of Opposite Party No.2, the F.I.R. dated 08.02.2020 in Banpur P.S. Case No.43 of 2020 under Sections 341, 363, 294, 506, 379 and 34 of I.P.C. came to be registered against the Petitioners.

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The allegation against the Petitioners are that on

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07.02.2020 at 4.00 P.M., when the granddaughter of the Opposite Party No.2 was outside, the accused persons restrained her and took

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away her by an Auto. When the informant along with his family members followed them, they abused them in obscene languages also threatened of dire consequences. It is further alleged that they took away the mobile phone, cash and ornaments of the granddaughter of the informant. The statement of the granddaughter of the informant namely July Baral @ July (newly impleaded O.P No 3) has been recorded under Section 164 Cr.P.C. In her statement, she has stated that she had gone with the accused persons on her own volition and there was no coercion from the Petitioner No.1. After investigation, charge-sheet has been filed on 03.03.2020 for the alleged offences under Sections 363, 379, 294, 506 and 34 of I.P.C. against the Petitioners.

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When the matter stood thus, the parties have settled their dispute and filed the present petition for quashing of the entire proceeding against the Petitioners. The Opposite Party No.2 has filed an affidavit dated 12.04.2024 inter alia stating that on the intervention of the local gentries and well-wishers, he has settled

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the dispute with the Petitioners. Therefore, he does not want to proceed with the matter against the Petitioners.

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Out of six Petitioners, five Petitioners are present in the Court today. Learned counsel for the Petitioners submits that the Petitioner No.5 is terminally ill. Therefore, he could not appear in the Court. The Opposite Party No.2 is also present in the Court along with his granddaughter (newly impleaded O.P No 3) who is the victim in the present case. All the parties are represented 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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Mr. Maharaj along with Mr. Mishra, learned counsels for the State submit that the victim girl has deposed in her statement under Section 164 Cr.P.C. that she had gone with the Petitioner No.1 by her own volition and the fact that the parties have now settled their dispute, there is no legal impediment in quashing the F.I.R. and this Court can give indulgence at this stage.

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Since 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)

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SCC 303 putting the Petitioners to trial would be a futile exercise, I

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am of the considered view that the petition deserves merit. Accordingly, the criminal proceeding in Banpur P.S. Case No.43 of 2020 corresponding to G.R. Case No.61 of 2020 pending in the

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Court of the learned J.M.F.C., Chilika and the consequential proceedings arising therefrom qua the Petitioners are quashed.

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The CRLMC is disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-Apr-2024 11:14:38

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Muna Jena v. State of Odisha

Case brief

What is this about?

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Muna Jena v. State of Odisha

Case brief

What is this about?

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