Allowed

Golak Ch. Pradhan v. State of Odisha

Orissa HC29 Jan 2024CRLREV/58/2020

Case brief

AI extract

What is this about?

The High Court of Orissa set aside an order of cognizance in a criminal case (G.R. Case No. 253/2019) upon the filing of a memorandum of compromise between the parties. The Court held that continued proceedings would be an abuse of process and directed the lower court to drop the case.

What did the court decide?

The Memorandum of Compromise was allowed; the impugned order of cognizance dated 25.11.2019 was quashed; G.R. Case No. 253 of 2019 was directed to be dropped.

Golak Ch. Pradhan Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.58 of 2020

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Golak Ch. Pradhan ..…... Petitioner

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Mr. P.K. Rath, Sr. Adv. along with his associates -Versus- State of Odisha & Anr. …… Opposite Parties Mr. A.K. Rout, Adv. (for O.P.2)

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

29.01.2024

Order No.

This matter is taken up through hybrid arrangement.

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The Memorandum of Compromise made between the parties filed in Court today be kept on record.

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Heard learned counsel for the parties.

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Petitioner has filed this Criminal Revision challenging the order of cognizance dated 25.11.2019 passed in G.R. Case No.253 of 2019 by the learned S.D.J.M., Puri.

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Learned counsel for the Petitioner filed memorandum of compromise stating therein that the matter has been compromised between the parties and the Opposite Party No.2 has no objection if the CRLREV is allowed in terms of the compromise. The relevant portion of the memorandum of compromise is extracted below:

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“WHEREAS, on the basis of said F.I.R, G.R. Case No. 253/2019 under Section-448, 294, 323, 324, 427, 379/34 of I.P.C was initiated, which is now pending in the Court of S.D.J.M, Puri. Meanwhile, upon opening of Grama Nyayalaya at Brahmagiri, the said G.R. Case No. 253 of 2019 has been transferred from the Court of S.D.J.M, Puri to the Court of Gram Nyayalaya and has been renumbered as 253/2019.

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During pendency of the case, good sense prevailed between the Parties. On account of intervention of friends, well wishers and Village Committee in presence of witnesses, the Parties to this Memorandum of Compromise have amicably resolved their dispute. Parties are no more interested to continue the Criminal Case against each other and want to drop the cases on compromise.

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AND

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WHEREAS, Parties specifically agreed that both the case and Counter Case initiated against each other stands compromised and shall be dropped.

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AND

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WHEREAS, the Party to the Second Part Alekha Chandra Pradhan has also lodged one F.I.R against Sindhu Sahoo leading to initiation of G.R. Case No.254 of 2019 in the Court of S.D.J.M, Puri, now transferred to the Court of Gram Nyayalaya and registered as 254/2019 under Section-341, 294, 323, 506/34 of I.P.C.

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AND

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WHEREAS, since all the disputes are being compromised between the parties against Sindhu Sahoo initiated by Alekha Chandra Pradhan G.R Case No. 254/2019 also stands compromised.

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AND

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WHEREAS, the parties do hereby specifically agree and settle their dispute.

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AND

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WHEREAS, parties further agree that the cases and Counter Case by this date of compromise is settled for all times to come. Parties to this compromise shall be free to use this document to close down the cases either in the Court of Grama Nyayalaya, Brahmagiri or file the same in the Hon'ble High Court for quashing of entire Criminal Cases.

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In witness whereof both the parties put their respective signatures, date, month and year above written.”

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In the present case, since the dispute between the parties has already been settled amicably and the Opposite Party No.2 does not want to proceed with the case, no fruitful purpose would be served by allowing the proceeding to continue any further. On the other hand, this Court is of the considered view that the continuance of the proceeding shall be mere abuse of court process.

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This Court, accordingly, in order to secure the ends of justice, allows the memorandum of compromise filed by the Parties, quashes the impugned order dated 25.11.2019 passed by the learned S.D.J.M., Puri in G.R. Case No.253 of 2019 and directs the learned S.D.J.M., Puri to drop the G.R. Case No.253 of 2019.

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In view of the above compromise between the parties, this CRLREV is disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: High Court of Orissa Cuttack Date: 01-Feb-2024 12:02:26 Murmu

Golak Ch. Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Golak Ch. Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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