DANDAPANI BARIK Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) HEARD Mr. Jyotirmaya Sahoo, learned Counsel for the Petitioner and Mr. Partha Sarathi Das, learned Counsel for opp. party No. 2 (Informant) and learned Addl. Standing Counsel for the State.

(2.) THIS application under Section 482 Code of Criminal Procedure has been filed by the Petitioner for quashing of the further proceeding in G.R. Case No. 76 of 2004 corresponding to Banpur P.S. Case No. 44(23) of 2004 pending before the learned J.M.F.C, Banpur, which had been instituted under Sections 376/506, I.P.C. The Petitioner, who is a 62 years old man, has stated in paragraphs 6 and 7 of the petition that the matter has already been settled/compromised between the parties by the intervention of the local gantries, father of the victim girl as well as the victim girl (Opp. party No. 2) herself and the Petitioner. It is also stated in the said petition that due to disturbance and misunderstanding between two families, who are having civil dispute, a false case had been instituted against the present Petitioner.

(3.) CONSIDERING the facts narrated in the application filed under Section 482 Code of Criminal Procedure and the affidavit filed by the Informant and keeping in view the nature of the allegations and the offences alleged against the Petitioner, I feel that no useful purpose would be served by allowing the criminal proceeding to continue as there is bleak chance of conviction and interest of justice would be better served, if the same is quashed.