RAJKISHORE MISHRA Vs. STATE

JUDGEMENT

(1.) IN this petition under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.'), the petitioners have prayed for setting aside the order dated 12.10.1999 passed by the J.M.F.C., Anandapur in G.R. Case No. 255/92 as also to quash the proceedings in the said G.R. Case.

(2.) MR . P.K. Rath, learned Counsel for the petitioners, and Mr. M.M. Sahu, learned Counsel for opposite party No. 2, as also the learned Addl. Govt. Advocate for the State were heard at length.

(3.) LEARNED Counsel for the petitioners urged for quashing the proceeding in G.R. Case in view of the compromise between the parties. He placed reliance on the decision of this Court re. Basanta v. State, 1999 (I) OLR 8, in which a Division Bench, referring to several decisions of the Apex Court and of this Court, held that the power of the High Court under Section 482, Cr.P.C. can be exercised sparingly and carefully with caution to secure ends of justice in cases compounding of the offence is not permissible under Section 320, Cr.P.C. It has been observed that Court should be satisfied that the compromise was voluntary and not the result of intimidation, threat, coercion or undue influence.