Smt. Uma Sahu And Others vs State Of Odisha And Another
2023 Latest Caselaw 7 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 3845 of 2022


            Smt. Uma Sahu and others                 ....            Petitioners
                                          Mr. Nityananda Mohapatra, Advocate



                                          -Versus-


            State of Odisha and Another               ....       Opposite Parties
                                            Mr. Sitikanta Mishra, ASC, OP No.1
                                                            None for OP No.2

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                        ORDER

02.01.2023 Order No.

01. 1. Heard learned counsel for the petitioners and learned counsel for the State. None appears for opposite party No.2 at the time of call.

2. Instant petition under Section 482 Cr.P.C. is filed by the petitioners for quashing of the order of cognizance (Annexure-1) and the entire criminal proceeding in G.R. Case No.11 of 2014 arising out of Charmal P.S. Case No.07 of 2014 pending in the court of learned S.D.J.M., Rairakhol on the grounds stated therein.

3. Perused the copy of the order of cognizance dated 8th September, 2014 under Annexure-1.

4. Learned counsel for the petitioners submits that two other co-accused persons faced trial in S.T. Case No.32 of 2022 and they have been acquitted of all charges vide judgment dated 4th November, 2022 passed by the learned Additional Sessions Judge, Rairakhol and considering the same and the fact that the evidence of the prosecution was entirely hostile since the parties have had

compromise and settlement, the proceeding as against the petitioner should be quashed as no fruitful purpose would be served to continue with the same. It is submitted that in exercise of inherent jurisdiction under Section 482 Cr.P.C., the criminal proceeding vis-a- vis the petitioner should be quashed as it would be a futile exercise as against the background of other co-accused persons to have been acquitted on the strength of hostile evidence.

5. Mr. Mishra, learned ASC on the other hand submits that there has been multiple injuries received by the informant during the alleged incident which is revealed from the record and therefore notwithstanding the order of acquittal under Annexure-5, the petitioners should not be exempted from facing the trial.

6. The Court perused the copy of the judgment as at Annexure-5 series and finds that all the material witnesses have turned hostile since there is a compromise between the parties. No doubt, some of the informants received injuries during and in course of the alleged offence but then none of the prosecution witnesses deposed anything adverse against the co-accused persons, who faced trial and finally acquitted of all charges. With such evidence on record and morefully when the matter is settled between the parties, there is a remote possibility to find out such other incriminating materials against the petitioners. When the evidence which is entirely hostile as would be revealed from Annexure-5 series whereupon learned Sessions court acquitted the co-accused persons for similar charges, the Court is of the view that the criminal proceeding which is pending against the petitioners should be brought to an end as no fruitful purpose would be served to keep it alive.

7. Accordingly, it is ordered.

8. Consequently, the CRMC stands allowed. Consequently, the criminal proceeding in connection with G.R. Case No.11 of 2014 arising out of Charmal P.S. Case No.07 of 2014 pending in the court

of learned S.D.J.M., Rairakhol is hereby quashed vis-à-vis the petitioners.

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

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