High CourtsSingle Bench(2023) 04 OHC CK 0166

Fakir Mohan Sahu vs State Of Odisha And Another

Orissa High Court · Decided on 17 April 2023

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
CRLMC No.326 Of 2023

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Judgment

8 paragraphs · 249 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

As directed the Petitioner (Fakir Mohan Sahu) and the informant (Sunil Kumar Mohapatra) are present in Court being identified by their counsels namely, Mr. Kaustava Mohanty and Mr. M.K. Agarwal respectively.

3.

The present application under Section 482 of the Cr.P.C. has been filed by the Petitioner with a prayer to quash the proceedings in G.R. Case No.955/2020 arising out of NALCO Township P.S. Case No.60/2020 pending in the file of learned J.M.F.C., Banarpal.

4.

A joint affidavit has been filed being sworn by the Petitioner (Fakir Mohan Sahu) and Opp.Party No.2 (Sunil Kumar Mohapatra). They also filed their original Aadhaar Card/Elector Photo Identify Card, which is returned being substituted by attested xerox copies thereof. They have also filed joint affidavit in Court indicating that the dispute between them has been amicably settled. On being asked the informant submits that he has filed this affidavit of his own volition and without any pressure or coercion from any quarter whatsoever and that he does not wish to proceed further in the case.

5.

Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the Petitioner. This Court is, therefore, inclined to allow the prayer of the Petitioner. The proceedings in G.R. Case No.955/2020 arising out of NALCO Township P.S. Case No.60/2020 pending in the file of learned J.M.F.C., Banarpal are hereby quashed.

6.

The CRLMC is, accordingly, disposed of.

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