High CourtsSingle Bench(2003) 12 OHC CK 0034

Sk. Khairur, alias Sk. Khairul and Others vs Kanhu Bar

Orissa High Court · Decided on 8 December 2003 · Citation: (2004) 27 OCR 127

HON’BLE JUDGES
L. Mohapatra, J
CASE NUMBER
Criminal Miscellaneous Case No. 2516 of 2003

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Judgment

4 paragraphs · 219 words

L. Mohapatra, J.—Mr. D.P. Patnaik and associates have entered appearance for the opposite party.

2.

A petition has been filed before this Court by the parties stating that the dispute between them has been settled and the opposite party is no more interested to pursue the litigation and accordingly a prayer is made by both the parties for quashing the proceeding.

3.

It appears that a complaint was filed before J.M.F.C., Pattamundai by the opposite party and by dated 16.9.2003 learned Magistrate took cognizance of the offences under Sections 341, 323, 294, 506/ 34, Indian Penal Code read with Section 3 of S.C. & S.T. (P.A) Act. Order dated 16.10.2003 indicates that the complainant filed a petition u/s 257, Cr.P.C. along with an affidavit for withdrawal of the complaint. Learned Magistrate rejected the prayer on the ground that the case was triable by a Special Court. It appears that there is no illegality in the impugned order. However, considering the fact that both the parties have settled their dispute and the opposite party does not want to prosecute the complaint case any further, no fruitful purpose would be served by allowing the proceeding to continue. I, therefore, quash the proceeding in ICC No. 71 of 2003 pending in the Court of J.M.F.C., Pattamundai.

4.

The CRLMC is disposed of.