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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Bijay Kumar Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenging cognizance order based on political rivalry. (Para 1 , 2 , 3 , 4) |
| 2. dispute settled but facts differ on intentions. (Para 5 , 9) |
| 3. non-compoundable offences cannot be quashed by compromise. (Para 6 , 7 , 8 , 10 , 11) |
| 4. case dismissed without quashing earlier orders. (Para 12) |
JUDGMENT :
Chittaranjan Dash, J.
1. By means of the present application, the Petitioners seek to quash the order dated 10.01.2021 passed by the learned J.M.F.C., Aul in G.R. Case No.265 of 2020, whereby cognizance of offences was taken pursuant to Charge-Sheet No.272 dated 30.12.2020 under Sections 341 /323/307/336/506/34 of the IPC, implicating the Petitioners.
2. The present petition is heard together with CRLMC No.3583 of 2025 and CRLMC No.3584 of 2025, as all the three matters emanate from the same series of events alleged to have occurred on 12.07.2020. While CRLMC Nos.3177 of 2022 and 3583 of 2025 assail the order of cognizance dated 10.01.2021 passed by the learned J.M.F.C., Aul in G.R. Case No.265 of 2020 arising out of Rajkanika P.S. Case No.157 of 2020, CRLMC No.3584 of 2025 challenges the cognizance order passed in G.R. Case No.266 of 2020 arising out of the connected Ra
Serious offences under Section 307 IPC cannot be quashed based solely on a compromise between the parties, as they are considered crimes against society.
Point of Law : Continuance of proceedings of case even after the parties have entered into a compromise would only result in persecution of applicants, which would give rise to a failure of justice.
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
The High Court has the power to quash non-compoundable offences on the basis of compromise between the disputing parties, especially in cases where the offences are predominantly of a private nature ....
The main legal point established in the judgment is the Court's inherent jurisdiction under section 482 CrPC to quash criminal proceedings based on a genuine compromise, absence of coercion or threat....
The High Court has the power to quash proceedings under Section 482 Cr.P.C., even if the offences are non-compoundable, especially in cases involving non-heinous offences or predominantly private in ....
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
The main legal point established in the judgment is that the inherent powers of the High Court under section 482 CrPC can be invoked to quash the prosecution even in cases where the offences are non-....
The main legal point established is that the High Court can quash criminal proceedings based on a compromise, even for non-compoundable offences, if it serves the ends of justice and does not impact ....
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