Jibananda Kumbhar vs State Of Orissa
2022 Latest Caselaw 6064 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No. 2788 of 2022


            Jibananda Kumbhar                             ....              Petitioner
                                                       Mr. Julu Khansama, Advocate

                                            -Versus-


            State of Orissa                           ....        Opposite Party
                                 Mr. Sidharth Shankar Mohapatra, ASC, OP No.1
                                        Mr. D.R. Mishra, Advocate for Informant

                        CORAM:
                        MR. JUSTICE R.K. PATTANAIK

                                           ORDER

31.10.2022 Order No.

01. 1. Mr. D.R.Mishra, learned counsel has entered appearance for the informant and files a Vakalatnama along with an affidavit sworn by the informant in Court today and the same are taken on record.

2. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the informant.

3. It is submitted by learned counsel for the petitioner that the informant had lodged an FIR later to which Baunsuni P.S. Case No.81 of 2021 was registered under Sections 420, 417, 493, 323, 506, 294, 34 IPC which ultimately resulted in an order of acquittal by judgment dated 1st March, 2021 passed in Special Case No.13/2018 (POCSO act) by the learned Additional Sessions Judge- cum-Special Judge, Boudh. It is further submitted that in the meantime, the parties have settled their differences and compromised the matter.

4. Mr.D.R. Mishra, learned counsel for the Informant refers to the affidavit purportedly sworn by the Informant indicating therein that there has been a compromise between the parties.

5. In view of the above submission, this Court directs that the informant to appear in person in Court on 21st November, 2022 at 10.30 A.M. along with her identity proof in order to verify the fact of compromise which is claimed by the petitioner as well as learned counsel appearing on her behalf.

6. Mr.Mohapatra, learned counsel for the State is also directed to take instruction and ascertain the fact of compromise from the local police and resport back on the next date.

(R.K. Pattanaik) Judge I.A. No.2187 of 2022

02. 1. For the reason as stated herein above and the fact of compromise between the parties, learned counsel for the petitioner submits that the proceeding in C.T. Case No.229 of 2021 should be stayed till appearance of the informant/victim.

2. As an interim measure, this Court directs that the further proceeding in C.T. Case No.229 of 2021 arising out of Baunsuni P.S. Case No.81 of 2021 pending in the court of learned S.D.J.M., Boudh shall remain stayed till the next date.

3. List this matter on the date fixed.

4. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge U.K.Sahoo