LAWS(ORI)-2008-12-80

A.V. SURYA RAO Vs. STATE OF ORISSA

Decided On December 12, 2008
A.V. Surya Rao Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD .

(2.) THE Petitioner has field this application under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Informant Report in Lalbag P.S. Case No. 51 of 2008 corresponding to G.R. Case No. 451 of 2008 pending in the Court of Learned S.D.J.M. (S), Cuttack.

(3.) IT is submitted by the Learned Counsel for the Petitioner as well as the informant that the dispute between the Petitioner and the informant was the outcome of civil dispute emanating from rival claim over the case shop room. It is further submitted that the parties have amicably settled their dispute in the meanwhile and the informant does not want to proceed with the criminal proceeding. In support of the contention that in view of compromise between the parties the F.I.R. as well as the proceeding ought to be quashed in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure, decisions of Hon'ble Supreme Court and of this Court are cited.