High CourtsSingle Bench(2015) 11 OHC CK 0008

Sulav Mallick vs State of Odisha

Orissa High Court · Decided on 20 November 2015 · Citation: (2016) 121 CutLT 415

HON’BLE JUDGES
S.K. Mishra, J.
RESULT
Disposed off
CASE NUMBER
CRLMC No. 5538 of 2014, (in the matter of an application under Section 482 of Cr.P.C. and in the matter of an application for quashing of G.R. Case No. 84 of 2012 pending the Court of Learned S.D.J.M., Jajpur)

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Judgment

7 paragraphs · 219 words

S.K. Mishra, J. - Heard Learned Counsel for the parties and Learned Addl. Standing Counsel.

2.

The opposite party No. 2 himself is present in person. An affidavit is filed today by him today in Court stating that there has been compromise between the parties. The same be kept on record.

3.

The petitioners are facing trial for the offence under Sections 147, 148, 427, 323, 324, 506/149 of the IPC read with Sections 9-B of the Indian Explosive Act and 25 of the Arms Act in G.R. Case No. 84 of 2012 of the Court of Learned S.D.J.M., Jajpur.

4.

Keeping in view the ratio decided in Gian Singh v. State of Punjab and another, reported in (2012) 10 SCC 303, this Court is of the opinion that in view of the compromise between the parties, there is no need to proceed with the criminal trial as it only ends in acquittal. There is no possibility of conviction. Hence, to prevent abuse process of law, a criminal trial should be quashed.

5.

According, the CRLMC is allowed. The criminal proceeding in connection with G.R. Case No. 84 of 2012 pending in the Court of Learned S.D.J.M., Jajpur is hereby quashed.

6.

The CRLMC is disposed of.

7.

Urgent certified copy of this order be granted as per rules.