Orissa High Court
2 19.03.2021 This Matter Is Taken ... vs Unknown on 19 March, 2021
CRLMC No.02 of 2021
02 19.03.2021 This matter is taken up through hybrid
arrangement (virtual/physical mode).
Heard Mr.Satya Narayan Mishra-4, learned counsel
for the petitioner, Mr.J.N.Panda, learned counsel appearing for
opposite party no.2 and Mr.Manoj Kumar Mohanty, learned
Additional Standing Counsel for the State.
In this application under section 482 Cr.P.C.
the petitioner being the accused in Special Case No.386 of
2019 pending in the Court of the learned Special Judge,
Balasore arising out of Oupada P.S.Case No.93 of 2019 for
alleged commission of offences punishable under sections
376(3),363 of the Indian Penal Code read with Section 4 of
POCSO Act has prayed to quash the F.I.R./proceeding on
the basis of compromise.
The informant, Natabar Panigrahi and the
victim, Smitanjali Panigrahi in Oupada P.S.Case No.93 of
2019 on 17.12.2020 filed separate affidavit before the trial
court stating that the victim got married the petitioner and
the matter has been amicably settled between the parties.
Out of their wedlock they have been blessed with a female
child. They are leading a very happy conjugal life. They
have also stated that they do not want to proceed further
in the criminal proceeding against the petitioner.
In the present case in hand, though the
R
offences are non-compoundable under section 320 Cr.P.C.
that does not mean this Court is denuded of its power to
quash the proceeding in exercise of its jurisdiction under
section 482 Cr.P.C. Section 320(9) Cr.P.C. cannot limit or
affect the power of this Court under section 482 Cr.P.C.
2
Such power is recognized by the Hon'ble Apex Court in
catena of judgments such as Dimpey Gujral and others -
vrs. Union Territory Through Administrator, U.T.
Chandigarh and others reported in 2012 AIR (SCW) 5333,
Gian Gian Singh-vrs.-State of Punjab and another:
reported in (2012) 10 SCC 303,
In a very identical case, like the present case,
Hon'ble Apex Court in Saju P.R.vrs-State of Kerala in
Criminal Appeal No.1740 of 2019 wherein the Hon'ble Apex
Court has been pleased to quash the criminal proceeding
involving the offence under section 376 I.P.C.
Keeping in view the ratio decided in the
aforesaid cases, this Court is of the considered opinion
that since compromise between the parties has been
effected, there is no need to proceed with the criminal trial,
as the only possible outcome is of acquittal of the
petitioner. There is remote and bleak possibility of
conviction of the petitioner in this case. Hence, to prevent
the abuse of process of law, the criminal proceeding
against the petitioner ought to be quashed.
Accordingly, the CRLMC is allowed. The entire
criminal proceeding in Special Case No.386 of 2019
pending in the Court of the learned Special Judge,
Balasore is hereby quashed.
The CRLMC is accordingly disposed of.
Issue urgent certified copy.
.......................
P.Patnaik,J
.
appellant and Mr.A.K.Nayak, learned counsel appearing for
OPID.
Mr.Panda, learned counsel for the appellant on
instruction submits that no charge has been framed
against the appellant till date. He seeks liberty to allow the
appellant to take all the grounds available with him at the
time of framing of charge.
Pendency of the appeal shall not stand on the
way of the appellant to agitate all the grounds available
with him at the time of framing of charge by the learned
trial court.
Put up this matter four weeks after.
.......................
P.Patnaik,J
.
