Biswa Prakash Mahapatra vs State Of Orissa & Anr
2021 Latest Caselaw 11855 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLREV No. 984 of 2009

                   Biswa Prakash Mahapatra                    ....               Petitioners
                   & Ors.
                                                      Mr. Santosh Ku. Nanda, Advocate
                                                   -versus-
                   State of Orissa & Anr.                    ....        Opposite Parties
                                                    Mr. S.S. Pradhan, AGA (O.P.No.1)
                                                         Mr. B.S. Rayaguru, Advocate
                                                                        (O.P. No.2)

                            CORAM:
                            JUSTICE SAVITRI RATHO

Order No.                                     ORDER
                                             17.11.2021

 03.                  The matter is taken up by hybrid mode.

                      Heard.

Mr. Santosh Kumar Nanda, learned counsel for the petitioners states

that this Criminal Revision has been filed, challenging the order dated

29.06.2009 and prays for quashing of proceedings on two grounds i.e. (i) no

offence is made out against the petitioners as the dues of the complainant have

already been paid before submission of charge sheet (ii) as the dues of the

complainant has been paid and he has approached the learned trial court

praying for not proceeding against the accused persons but the same has been

rejected on untenable grounds.

Mr. S.S. Pradhan, learned Additional Government Advocate does

not dispute the submissions of the learned counsel for the petitioners that dues

of the complainant have already been paid and the complainant had // 2 //

approached the learned court below praying for dropping the case. He further

states that the offence under Section 406 of I.P.C. is compoundable with the

permission of the Court but the offence under Section 409 of I.P.C. is not

compoundable but the Hon'ble Supreme Court in the case of Ramgopal vrs.

The State of Madhya Pradesh, 2021 V-2 OLR 807, The State of Madhya

Pradesh vrs. Laxmi Narayan , 2019 V-5 SCC 688 and Gian Singh vrs. State of

Punjab, 2012 53 OCR (SC) 891 has framed the parameters for quashing of

non-compoundable cases and for exercise of the power for quashing the non-

compoundable cases beyond the parameters of Section 320 of Cr.P.C.

Mr. B.S. Rayaguru, learned counsel for the Opposite Party No.2-

complainant submits that the matter has been settled between the parties. As

the dues of the complainant have been paid the complainant does not want to

proceed with the case and hence he has no objection if the proceeding is

quashed.

Hearing is concluded.

Judgment is reserved.

(Savitri Ratho) Judge

puspa