HEMANTA KUMAR BEHURA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482, Cr.P.C. filed by the petitioners for quashing the proceeding in G.R.Case No. 2352 of 2002 of the learned JMFC, Bhubaneswar.

(2.) BASING on an FIR lodged by one Bandana Pradhan @ Beura, Capital P.S.Case No. 342 of 2002 was registered, investigation was conducted and on conclusion of investigation, charge -sheet was submitted against the petitioners for the offence under Sections 498 -A/34, IPC and Section 4 of the D.P.Act. After perusing the materials placed by the prosecution alongwith the charge -sheet, learned JMFC, Bhubaneswar took cognizance of those offences in the above noted G.R. Case and directed issue of process against the petitioners. Aggrieved, the petitioners have come up with the present application for quashing the order of cognizance as well as the proceeding of G.R.Case No. 2352 of 2002.

(3.) LEARNED Addl. Government Advocate, on the other hand, submits that no doubt a decree of divorce by mutual consent has been obtained by petitioner No. 1 and opposite party No. 2 but that cannot form a ground for quashing of the proceeding in G.R.Case No. 2352 of 2002 as non -compoundable offences are involved in that case. According to her, a case involving non -compoundable offences cannot be quashed on the basis of compromise between the parties, as such action would tantamount to over -riding the bar provided under Section 320, Cr.P.C.