Golak Bihari Behera And Others vs State Of Odisha And Another
2023 Latest Caselaw 1192 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No. 4250 of 2022

            Golak Bihari Behera and Others             ....             Petitioners
                                                 Mr.Bidyadhar Pradhan, Advocate

                                             -Versus-

            State of Odisha and Another                 ....         Opposite Party
                                                    Mr. T.K. Praharaj, SC, OP No.1
                                                                None for OP No.2

                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK

                                            ORDER

03.02.2023 Order No.

01. 1. Heard learned counsel for the respective parties.

2. Prayer in the present case is for quashing of the criminal proceeding in G.R. Case No.626 of 2013 arising out of Jagannath Prasad P.S. Case No.144 of 2013 pending in the file of learned S.D.J.M., Bhanjanagar on the ground of compromise and settlement reached at between the parties.

3. Perused the certified copy of the FIR at Annexure-1.

4. Mr. Pradhan, learned counsel for the petitioner submits that the counter case filed by the petitioner against the informant, namely, opposite party No.2 and others ended in acquittal by a judgment dated 22nd July, 2017 in J.R. Case No.107 of 2014 and therefore, under such circumstances and in view of the compromise between the parties, the criminal proceeding pending before the learned court below should be quashed as no fruitful purpose would be served in its continuance and also in the best interest of parties.

5. A copy of the acquittal judgment passed by the learned Principal Magistrate, Juvenile Justice Board, Berhampur, Ganjam in J.R. Case No.107 of 2017 under Annexure-2 is perused.

6. Considering the above facts and submissions of learned counsel for the petitioner and learned counsel for the State, the Court is of the view that party should be directed to file a joint affidavit regarding compromise and for further orders.

7. List this matter on 24th February, 2023 for filing of joint affidavit by the parties for consideration of the Court and orders.

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