Bijay Kumar Singh vs State Of Orissa And
2023 Latest Caselaw 2640 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLMC No.2145 of 2018


                 Bijay Kumar Singh              ....       Petitioner
                                        Mr. S.K. Tripathy, Advocate

                                    -versus-
                 State of Orissa and          ....    Opp. Parties
                 another
                                         Mr. S.S. Pradhan, A.G.A.
                                     Mr. B.S. Dasparida, Adv. for
                                                       Informant
                                     CORAM:
                             JUSTICE G. SATAPATHY
                                      ORDER

Order No.                           31.03.2023

   08.      1.     This   matter   is   taken    up   through    Hybrid

Arrangement (Virtual /Physical Mode).

2. Mr. S.K. Tripathy, learned counsel for the Petitioner by filing the certified copy of police papers in G.R. case No.965 of 2017 of the Court of learned S.D.J.M., Baripada, submits to quash the criminal proceeding initiated against the Petitioner as well as the cognizance order by taking into consideration the compromise made by Petitioner and the Informant, to which Mr. B.S. Dasparida, learned counsel appearing for the Informant does not dispute and he inter-alia submits that the Informant has filed an affidavit stating therein her satisfaction with respect to compromise entered into by her with the Petitioner.

3. Mr. S.S. Pradhan, learned AGA, submits that // 2 //

although the offence U/Ss. 323/417/506 of IPC are compoundable offences, but the offence U/S.493 of IPC is not compoundable and in the circumstance, since the said offence is a offence of moral turpitude, the criminal proceeding should not be quashed as an abuse of process of Court. Learned A.G.A., accordingly, prays to dismiss the CRLMC.

4. Judgment is reserved.

(G. Satapathy) Judge

Priyajit