TACHHU @ KACHHU ROUT Vs. JAYANTI BISWAL

JUDGEMENT

(1.) Since both the cases are case and counter case filed by the parties, they are heard together and disposed of by this common judgment. The order dated 22.10.2006 passed by the learned J.M.F.C., Banpur in G.R. Case No. 95 of 2006 taking cognizance of the offence under Sections 294, 323, 354, 324, 307/ 34, IPC against the petitioners is assailed in CRLMC No. 2187 of 2008. Similarly, the order dated 21.11.2006 passed by the learned J.M.F.C., Banpur in G.R. Case No. 94 of 2006 taking cognizance of the offence under Sections 448, 323, 294, 354, 307, 506/ 34, IPC against the petitioners is assailed in CRLMC No. 2188 of 2008.

(2.) Learned counsel for the petitioners file their respective affidavits in both the cases in Court today stating that they are co-villagers and the dispute has been amicably settled between them and they are now living peacefully and cordially in the village. Accordingly, they pray that as per the settled position of law, the proceedings initiated by the parties against one another be quashed. The affidavits be kept on record.

(3.) In view of the fact that the dispute between the parties has been settled amicably, it would not be in the interest of justice to further prosecute the accused persons to rake up the matter, which has been closed. The apex Court as well as this Court time and again observed that quashing of the cognizance in respect of non-compoundable offences by the High Court is permissible in appropriate cases. The apex Court have clearly observed that in exercise of jurisdiction under Section 482, Cr.P.C., the High Court can quash the proceedings where the parties approach for compounding the offence even in a non-compoundable offence as in such situation chance of conviction becomes bleak. See: (Mahesh Chan and another v. State of Rajasthan, 1988 AIR(SC) 2111), (Md. Khalilur Rahaman v. State of Orissa and another, 1988 1 OCR 564), (Sudam Charan Barik v. State and others, 1994 7 OCR 207) and (Hari Mohapatra and another v. State of Orissa and others, 1996 1 OrissaLR 488), (B.S. Joshi and others v. State of Haryana and others, 2003 25 OCR 99) and (Kanhu Behera v. State of Orissa, 2005 31 OCR 386).