B. SATHISH REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under section 482 of the Code of Criminal Procedure, 1973 the petitioner B. Sathish Reddy @ Sathish Reddy has prayed for quashing the criminal proceeding against him in C.T. Case No.661 of 2013 pending in the Court of learned S.D.J.M., Bhubaneswar including the impugned order dated 18.06.2015, wherein process has been issued against him after taking cognizance of offences under sections 365, 364-A, 342, 368, 307, 120-B read with section 34 of the Indian Penal Code. The said case arises out of Khandagiri P.S. Case No.76 of 2013.

(2.) The first information report was lodged on 16.02.2013 by the opposite party no.2 Rajesh Agarwal before the Inspector in Charge of Khandagiri Police Station, Bhubaneswar for which a case under section 365 read with section 34 of the Indian Penal Code and sections 25 and 27 of the Arms Act was registered against unknown persons. It is stated in the F.I.R. that on 15.02.2013 in the evening hours while the two brothers of the informant namely Subash Agarwal (opposite party no.3) and Sankar Lal Agarwal (opposite party no.4) had been to Khandagiri Guest House for some meeting purpose in a car with driver Bhagirathi Srichandan (opposite party no.5) and they were returning home, at about 10.30 p.m. some persons forcibly took them towards Khurda side and the informant suspected that his brothers were kidnapped with some foul intention.

(3.) Mr. Rajat Kumar Rath, learned Senior Advocate appearing for the petitioner contended that the matter has been amicably settled between the petitioner and the informant as well as the victims and they are not interested to proceed with the case against the petitioner and they have filed affidavits in that respect before this Court indicating therein that they have no objection if the proceeding against the petitioner stands quashed and in view of such state of affairs, continuance of the proceeding against the petitioner would be an abuse of process and therefore, this Court should invoke its inherent powers under section 482 of Cr.P.C. to quash the criminal proceeding against the petitioner. He placed reliance in the cases of Madan Mohan Abbot Vs. State of Punjab reported in (2008) 4 Supreme Court Cases 582, Shiji @ Pappu Vs. Radhika reported in (2011) 10 Supreme Court Cases 705, Nikhil Merchant Vs. C.B.I. reported in A.I.R. 2009 Supreme Court 428, Dimpey Gujral Vs. Union Territory reported in (2013) 11 Supreme Court Cases 497, Gian Singh Vs. State of Punjab reported in (2012) 10 Supreme Court Cases 303, Narinder Singh Vs. State of Punjab reported in (2014) 6 Supreme Court Cases 466 and Jayrajsingh Digvijaysingh Rana Vs. State of Gujarat reported in (2012) 12 Supreme Court Cases 401.