RAJENDRA KUMAR JIT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filed by the accused persons under Sec. 482, Code of Criminal Procedure, 1973 (in short, the Cr. P.C.) to quash G.R. Case No. 37 of 1997 wherein charge-sheet has been filed against the accused persons under Sees. 366, 452, 354, 171-F read with Section 34, Indian Penal Code (in short, the I.P.C").

(2.) The only ground on which the prayer for quashing is made is that the dispute between the accused persons and the prosecution party has been amicably settled. Opp. party No. 2 is the informant and opp. party No. 3 is her husband. The offence under Sec. 354, IPC is alleged to have been committed in respect of opp. party No.2 and the offence under Sec. 366, IPC is alleged to have been committed in respect of her husband (opp. party No. 3). Both opp. parties 2 and 3 have entered appearance through counsel. The petitioners have annexed the deed of compromise which had been signed by the accused persons as well as the informant and her husband in presence of several villagers. The offence under Sec. 354, IPC is compoundable with permission of the Court, whereas the other offences alleged to have been committed are not compoundable. However, from the deed of compromise as well as the affidavit of the informant which has been filed along with the petition, it is apparent that the dispute between the parties has been amicably resolved.

(3.) The learned counsel for the State has submitted that since the offences are not compoundable, it would not be in the interest of justice to quash the criminal proceeding even though the dispute seems to have been amicably settled between the parties. The learned counsel for the petitioners has relied upon several decisions of this Court wherein it has been stated that in appropriate cases, the High Court in exercise of power under Sec. 482, Cr. P.C. can quash a criminal proceeding on the ground of amicable settlement between the parties, even though the offences alleged to have been committed are not compoundable.