Orissa High Court
Gurubux Singh Ahluwalia @ Papu vs State Of Odisha And Another on 16 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3129 of 2017
Gurubux Singh Ahluwalia @ Papu .... Petitioner
Mr.P.Kema, Advocate
-Versus-
State of Odisha and another .... Opposite Parties
Mr. D.R. Parida, Addl. Standing Counsel
Mr. S.K. Dwivedi, Advocate for OP No.2
CORAM:
JUSTICE R.K. PATTANAIK
ORDER
Order No. 16.12.2021
03. 1. Present application under Section 482 Cr.P.C. is at the
behest of the petitioner with a prayer to quash the order of
cognizance passed in G.R. Case No.114 of 2014 arising out of
Champua P.S. Case No.45, dated 07.04.2014 pending in the file of
learned S.D.J.M., Champua on the ground that the parties have
reached at a compromise/settlement over the dispute.
2. Heard learned counsel for the petitioner, learned counsel
for the State and OP No.2.
3. In the instant case, the F.I.R. was lodged, Champua P.S.
Case No.45, dated 07.04.2014 was registered under Section (s) 3(1)
(x) of SC & ST (PA) Act. The alleged occurrence is of the year 2014.
The F.I.R. was lodged by the informant detailing the events that
happened during and in course of the alleged occurrence. It has
been alleged by the victim informant that he was abused and
threatened with dire consequences by the petitioner and aspersion
on his caste was also made. After the case was registered,
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investigation was taken up and then, charge sheet was filed in the
year 2014 itself.
4. Learned senior counsel for the petitioner submits that in
the meantime, both sides have amicably settled the matter with the
intervention of the village gentries. A copy of the compromise
petition is at Annexure-2. The conditions of settlement are reflected
in Annexure-2 which is gone through by this Court. It is further
contended that since the offence under Section (s) 3(1) (x) of SC &
ST (PA) Act is involved even though the IPC offences to be
compoundable but considering the compromise between the
parties, the proceeding pending before the learned court below in
G.R. Case No.114 of 2014 should be quashed in the interest of
justice.
5. Learned counsel for the informant does not object to the
contention of the petitioner. It is contented that there is indeed a
settlement reached at between the parties under Annexure-2.
6. The settled position of law is that even if offences alleged
in a criminal proceeding not to be compoundable, it can still be
quashed, keeping in view the larger interest of the parties. In
plethora of decisions, the Supreme Court has held and observed
that there is no bar in exercising powers under Article 226 of the
Constitution of India and also Section 482 Cr.P.C. in order to
quash a criminal proceeding, when the offences are non-
compoundable and when, it is required to advance the cause of
justice. A reference may be had to the celebrated judgment of the
Supreme Court in the case of B.S. Joshi and others Vrs. State of
Haryana and another decided on 13.03.2003 in SLP (Criminal)
No.3416 of 2002, wherein, it has been observed that in case of
amicable settlement and resolution of dispute between the parties
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and for the sake of their interest and so as to set at rest all
litigations pending between them, jurisdiction under Section 482
Cr.P.C. may be exercised which is not limited by any restrictions.
7. Having regard to the above facts and the fact that
notwithstanding an offence involved under the SC & ST (PA) Act,
in view of the settlement amicably reached at between the parties,
the Court is of the considered view that in order to restore peace
and harmony between the parties, the criminal proceeding in G.R.
Case No.114 of 2014 should be quashed and accordingly, it is
ordered.
8. In the result, application under Section 482 Cr.P.C. stands
allowed. As a necessary corollary, the criminal proceeding in G.R.
Case No.114 of 2014 arising out of Champua P.S. Case No.45,
dated 07.04.2014 pending in the file of learned S.D.J.M., Champua
is hereby quashed.
9. The CRLMC is accordingly disposed of.
(R.K. Pattanaik)
Judge
KC Bisoi
