Guru Prasad Beborta vs State Of Odisha And Another
2023 Latest Caselaw 14906 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 2613 of 2018

         Guru Prasad Beborta                     ....                 Petitioner
                                                       Mr. N. Panda, Advocate
                                       -versus-

         State of Odisha and another             ....           Opposite Parties
                                                      Mr. S.K. Panda, Advocate
                                                      Mr. H.K. Panigrahi, ASC

                            CORAM: JUSTICE V. NARASINGH
                                         ORDER

17.11.2023 Order No.

07. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. Being aggrieved by the order dated 01.08.2017 passed by the learned Senior Civil Judge(Women's Court), Jharsuguda in G.R. Case No.854 of 2014, issuing NBW(A) against the Petitioner for violation of the condition imposed, this CRLMC is filed u/S-482 of Cr.P.C.

3. The offence alleged against the Petitioner is under Section- 498(A)/323/294/506/494 of IPC, read with Section-4 of the D.P. Act.

4. Pursuant to the notice issued by this Court the opposite party No.2 has appeared.

5. Affidavit has been placed on record indicating that the matter has been settled out of Court.

6. The informant (O.P. No.2) is no longer interested to prosecute the matter. Paragraph-6 of the affidavit germane for just adjudication is extracted hereunder.

" xxx xxx xxx "That, it is respectfully submitted here that we both are living separately and there is no any controversy between us since the day of execution of Deed of Separation, and further more I am not interested to precede against the Petitioner in this Case further, in this connection I have no any objection if this Criminal proceeding is quashed, i.e., G.R. Case No.- 854 of 2014 arising out of Jharsuguda P.S. Case No.- 233 of 2014 dated 09.06.2014, pending against the Petitioner in the file of Ld. S.D.J.M., Jharsuguda, by this Hon'ble Court, hence this Additional Affidavit before your Lordship."

xxx xxx xxx"

8. Taking note of the same, this Court is of the considered view that interest of justice will be sub-served is not allowing the proceeding to continue.

9. Accordingly, the criminal proceeding in respect of G.R. Case No.854 of 2014, corresponding to Jharsuguda P.S. Case No.233 of 2014, pending on the file of learned Sub- Divisional Judicial Magistrate-Jharsuguda is quashed in the light of judgment of the Apex Court in the case of State of Madhya Pradesh V. Laxmi Narayan and others,2019(5)SCC 688.

10. Accordingly, this CRLMC stands disposed of.

11. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Soumya

Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2023 18:21:01