Sibasish Nath Vs State of Odisha

Heard learned counsel for the Petitioners as well as learned counsel for the Informant and learned counsel for the State. Perused the application as well as documents annexed thereto.

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By filing the present application under Section 482 of Cr.P.C. the Petitioners seek to invoke the inherent power of this Court to quash the entire criminal proceeding in C.T. No.415 of 2020 arising out of Baisinga P.S. Case No.159 of 2020 which corresponds to CIDCB P.S. Case No.8 of 2020 now pending in the file of leaned J.M.F.C., Betnoti. The aforesaid police case was registered for commission of offences punishable under Sections 341, 294, 323, 379, 384, 506, 34 of IPC.

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Page 1 of 3.

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Learned counsel for the Petitioners at the outset contended that the Petitioners have been falsely implicated in the present case. He further contended that in the meantime the matter has been amicably settled between the parties and the Informant does not want to proceed further with the present application.

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Learned counsel for the Informant on the other hand supported the contention raised by learned counsel for the Petitioners. Further, referring to the affidavit filed by the Opposite Party No.2, the Opposite Party No.2-Informant has specifically stated that during the pendency of the present criminal proceeding, the parties have resolved the dispute and the matter has been compromised. In such view of the matter, the Opposite Party No.2-Informant does not want to proceed further with the case. Accordingly, learned counsel for the Opposite Party No.2 contended that the entire criminal proceeding is liable to be quashed.

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Learned counsel for the State on the other hand, on the instruction received from the IIC, Baisinga P.S., stated before this Court that the genuineness of the affidavit filed by the Informant was verified by the IIC, Baisinga P.S. which was found to be a genuine one. Learned counsel for the State further contended that although the allegation made in the FIR is serious in nature, however, taking into consideration the fact that the Informant does not want to proceed further against the Petitioners, he will have no objection in the event this Court quashes the entire criminal proceeding against the present Petitioners.

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Having heard the leaned counsels appearing for the respective parties, on a careful examination of the background facts as well as the subsequent development in the matter, particularly the fact that the matter has been resolved between the parties and that the

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Page 2 of 3.

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Informant has filed an affidavit through his lawyer stating that he does not want to proceed further in this case, this Court is of the view that on such ground, the Parties should have approached the learned trial Court for compounding the offences. However, on a perusal of the offences alleged, it appears that offence under Section 294 and 384 are non-compoundable in nature. Accordingly, such offences are hereby quashed. So far as the other offences are concerned, the parties are directed to appear before the learned trial Court and move an application for compounding of offences within three weeks from today. In such eventuality, the learned trial Court shall pass necessary orders keeping in view the fact that the matter has been compromised and that the Informant has filed an affidavit stating that he does not want to proceed further in the case.

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