Orissa High Court
Krushna Chandra Dalei And Others vs State Of Odisha And Another on 2 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2667 of 2022
Krushna Chandra Dalei and Others Petitioners
Mr. P.K. Sahoo, Advocate
-Versus-
State of Odisha and Another .... Opposite Parties
Mr. R.K. Tripathy, ASC
Mr. P.K. Sahoo, Advocate for O.P.No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 02.11.2022
No.
02. 1. Heard learned counsel for the petitioners, learned counsel
for the State and learned counsel for opposite party No.2.
2. Instant petition under Section 482 Cr.P.C is filed by the
petitioners for quashing of the criminal proceeding in G.R. Case
No.112 of 2018 arising out of Dhamnagar P.S. Case No.58 of 2018
pending in the file of learned J.M.F.C., Dhamnagar on the grounds
stated therein.
3. Learned counsel for the petitioners submits that the accused
husband has been acquitted of all the charges by a judgment dated
25th February, 2022 in S.T. Case No.159 of 2018 by the learned
Additional District and Sessions Judge, Bhadrak and it was based on
hostile evidence and therefore, the petitioners who are the in-laws
of the deceased should not be subjected to a full-fledged trial and
there is also no possibility of conviction. In other words, learned
counsel for the petitioners submits that in view of the nature of
evidence received in S.T. Case No.159 of 2018 vis-à-vis accused
husband, as there is a bleak chance of conviction of the petitioners,
therefore, criminal proceeding pending before the learned J.M.F.C.,
Dhamnagar as against them should be quashed in the interest of
justice.
4. Learned counsel for opposite party No.2 does not submit
any objection.
5. Mr. Tripathy, learned counsel for the State submits that
since because the offences are non-compoundable in nature, the
proceeding should not be quashed which is pending before the
learned court below arising out of Dhamnagar P.S. Case No.58 of
2018.
6. A copy of the judgment which is at Annexure-4 is perused
by the Court. In fact, as per the said judgment, the learned Sessions
court finding no evidence from the prosecution side, inasmuch as,
the informant and others did not support its case rather turned
hostile, acquitted the accused husband of the charges. The
petitioners are in-law of the deceased. If such is the nature of
evidence from the prosecution in S.T. Case No.159 of 2018, the
Court is of the view that there is a remote chance of conviction vis-
à-vis the petitioners, who happen to be the in-laws of the victim.
7. Considering the above facts and submissions of learned
counsel for the respective parties and having regard to the fact that
the principal accused, namely, husband of the deceased has been
acquitted of the charges by a trial in S.T. Case No.159 of 2018 which
is based on hostile evidence, the Court finds no reason or any
purpose to be served to subject the petitioners to trial rather is of
the view that the criminal proceeding as against the petitioners
should be quashed in the interest of justice.
8. Accordingly, it is ordered.
9. In the result, CRLMC stands allowed. Consequently, the
criminal proceeding in connection with G.R. Case No.112 of 2018
arising out of Dhamnagar P.S. Case No.58 of 2018 pending in the
file of learned J.M.F.C., Dhamnagar is hereby quashed.
10. An urgent certified copy of this order be granted as per
rules.
(R.K. Pattanaik)
Judge
TUDU
