GOBINDA CHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three accused persons in G.R. Case No. 4097 of 1994 of the Court of S.D.J.M., Bhubaneswar have filed this application under Section 482, Code of Criminal Procedure, 1973 (in short 'the Code') with the prayer to quash the order of cognizance because of an amicable settlement of dispute between the parties outside the Court.

(2.) IT is the undisputed fact that petitioner No. 3 is the husband of the informant and petitioner Nos. 1 and 2 are respectively the father and brother of petitioner No. 3. On 11.12.1994 the informant/opposite party No. 2 lodged the F.I.R. Annexure 2 alleging ill -treatment and cruelty on her by the said accused persons for non -fulfilment of the demand for dowry and also relating to the attempt made to kill her. She also stated in the F.I.R. regarding previous conciliation on the intervention of the gentlemen but in site of assurance of good behaviour continuance of the ill -treatment and attempt to murder. After a prolonged investigation, which appears to this Court to be unnecessary, a charge -sheet was filed on 31.12.1997 and for reasons best known to him (having remained unexplained) learned S.D.J.M. attended to that charge -sheet on 12.7.1999 and took cognizance of the offence under Sections 498A/307/34, I.P.C. and issued process i.e., non -available warrant of arrest because the petitioners had been shown as absconders. Petitioners are yet to submit to the jurisdiction of the Magistrate and that is apparent from the stay order passed by this Court on 8.2.2001.

(3.) ON a reference to the order dated 16.11.2000 in Criminal Misc. Case No. 4755 of 2000 this Court finds that the present petitioner No. 3 Chakradhar was not an applicant in that case. It further appears that prayer to quash the F.I.R. was found infructuous because of submission of charge -sheet and taking cognizance of the offence. It also appears from that order that observation was made that if an application for compromise shall be filed, learned S.D.J.M. shall dispose of the same in accordance with provision in Section 320 of the Code. This Court also permitted petitioner Nos. 1 and 2 Govinda and Ramesh to surrender in the Court of S.D.J.M. by 30.11.2000 and to apply for bail. This application under Section 482, Cr.P.C. was however filed on 24.11.2000 and stay order was obtained. There is nothing on the record to indicate that while moving for stay Hon'ble Judge was informed about the order and observation made on 16.11.2000 in Cri. Misc. Case No. 4755 of 2000.