Orissa High Court
Narana @ Narayan vs State Of Odisha on 24 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.219 of 2010
1. Narana @ Narayan
Behera
2. Kantha Mallik
3. Kuna @ Purna .... Petitioners
Chandra Bhoi
Mr. P.R. Behera, Advocate
-versus-
State of Odisha
.... Opp. Party
Mr. Manoranjan Mishra,
Addl. Standing Counsel
Mr. L.N. Rayatsingh, Advocate
(for the informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
24.08.2023
CRLREV No.219 of 2010 & I.A. No. 544 of 2020
09. This matter is taken up through Hybrid arrangement (video
conferencing/physical mode).
The petitioners, namely, Narana @ Narayan Behera, Kantha
Mallik and Kuna @ Purna Chandra Bhoi faced trial in the Court of
Nyayadhikari, Puri in G.R. Case No. 1233/2005 (Trial No.126/09)
for the offences punishable under sections 294/323/354/379/
506/34 of the Indian Penal Code. The said case arises out of
Chandapur P.S. Case No.101 dated 29.09.2005 which was
instituted at the instance of Smt. Sukanti Mallik, W/o. Naran Mallik
of village Dasagoba, P.S. Chandanpur in the district of Puri. The
learned trial Court vide judgment and order dated 04.02.2010
// 2 //
acquitted the petitioners of the charges under sections 294/379/
354/506/34 of the Indian Penal Code, however found them guilty
under sections 341/323/34 of the Indian Penal Code and
sentenced each of them to pay a fine of Rs.600/- (rupees six
hundred) for the offence under section 323/34 of the Indian Penal
Code, in default, to undergo S.I. for twenty days and also to pay a
fine of Rs.200/- (rupees two hundred) each for the offence under
section 341/34 of the Indian Penal Code, in default to undergo S.I.
for five days. Since the Nyayadhikari, Puri passed the sentence of
fine not exceeding Rs.1,000/-, in view of section 33 of the Gram
Nyayalaya Act, 2008, the revision petition has been held to be
maintainable as per order dated 17.08.2023.
Learned counsel for the petitioners has filed an interim
application bearing I.A. No.544 of 2020 for compounding of the
offences on the ground that at the intervention of the village
gentries, both the parties compromised the dispute amongst
themselves and since the offences are compoundable in nature,
prayer has been made to allow the petitioners to compound the
offence. The signatures of petitioner nos.2 and 3 so also the
signature of the informant is appearing on the interim application.
It is stated that petitioner no.1 Naran @ Narayana Behera is dead.
By order dated 17.08.2023, learned counsel for the State
was asked to obtain instruction as to whether petitioner no.1
Naran @ Narayana Behera is dead and whether there has been
amicable settlement between petitioner no.2 Kantha Mallika and
petitioner no.3 Kuna @ Purna Chandra Bhoi and the informant
Sukanti Mallik through the Inspector in-charge of Chandanpur
police station.
Today, learned counsel for the State has produced the
written instruction from Inspector in-charge of Chandanpur police
station dated 18.08.2023 from which it appears that petitioner
// 3 //
no.1 Naran @ Narayana Behera died on 17.05.2010 due to illness
and there has been amicable settlement between the parties. The
written instruction is taken on record.
Petitioner nos.2 and 3 so also the informant have appeared
today in person before this Court and they produced their Aadhar
cards and they were also identified by their respective counsel and
on being asked, both the parties submitted that there has been
amicable settlement and the informant has stated that she has no
objection if the accused persons are acquitted of the charges.
There is no dispute that the offences under sections
341/323/34 are compoundable in nature in view of section 320 of
Cr.P.C.
Sub-section (6) of section 320 provides that the High Court
or Court of Session acting in the exercise of its powers of revision
under section 401 may allow any person to compound any offence
which such person is competent to compound under the section.
Sub-section (8) of section 320 of Cr.P.C. states that the
composition of an offence under the section shall have the effect of
an acquittal of the accused with whom the offence has been
compounded.
Considering the facts and circumstances of the case, when
the offences under sections 341/323/34 of the Indian Penal Code
are compoundable in nature under section 320(1) of Cr.P.C. and
the fact that the petitioners nos.2 and 3 and the informant have
settled their disputes and the informant has no grievance against
the petitioners and they have filed a joint affidavit in I.A. No. 544
of 2020, in the interest of justice, I am inclined to allow them to
compound the offence. In view of sub-section (8) of section 320 of
Cr.P.C., the composition of the offences under sections
341/323/34 of the Indian Penal Code shall have the effect of an
acquittal of the petitioners with whom the offences have been
// 4 //
compounded.
Accordingly, the impugned judgment and order of
conviction of the petitioners and sentence imposed by the learned
trial Court are hereby set aside and the petitioners are acquitted of
the charges under sections 341/323/34 of the Indian Penal Code.
In the result, the CRL.REV as well as I.A. No. 544 of
2020 is allowed.
A copy of the order be communicated to the learned
trial Court forthwith.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
Signature Not Verified
Digitally Signed
Signed by: PRAMOD KUMAR SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 24-Aug-2023 17:23:59
