KISHORE BEURA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed by the petitioner for quashing the criminal proceeding and the order dtd. 10/7/2019 passed by the learned P.O. Special Court under SC and ST (POA) Act, Cuttack in C.T. Case No.130 of 2018 arising out of Khuntuni P.S. Case No.123 of 2018, taking cognizance of the offences punishable under Ss. 341/323/294/506 of I.P.C. read with Sec. 3 (1) (4) (s)/3 (2) (va) of SC and ST (POA) Act.

(2.) Mr. Beura, learned counsel for the petitioner submits that due to intervention of the villagers, the matter has been settled between the parties and as the petitioner and the informant belong to the same village, it would be in the interest of justice if the proceeding is quashed.

(3.) Mr. Prakash Kumar Samal, learned counsel has appeared on behalf of the informant (opposite party No.2), waving notice. An affidavit has been filed on behalf of the opposite party No.2 wherein it has been inter alia stated that he had filed a complaint case against the petitioner, subsequently leading to registration of Khuntuni P.S. Case No.123 of 2018 and that the dispute between them has been amicably settled with the intervention of the other village gentries and they are living cordially. There is no dispute between them now, for which the informant does not want to proceed with the case any further. Copy of the said affidavit has been served on the learned State Counsel and she is directed to obtain instructions regarding the authenticity of the same and whether the dispute has been settled and the affidavit has been obtained voluntarily and without any coercion from opposite party No.2.