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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Anil Kumar Mantri – Appellant
Versus
State Of Orissa – Respondent
| Table of Content |
|---|
| 1. allegations of misconduct against petitioner. (Para 1 , 4 , 5) |
| 2. settlement reached between parties. (Para 6 , 7) |
| 3. quashing of proceedings justified. (Para 8) |
| 4. petitioner to compensate victim. (Para 9 , 10) |
JUDGMENT :
S.S. Mishra, J.
1. The petitioner by invoking the inherent jurisdiction of this Court under Section 482 of the Cr. P.C. is seeking quashing of the order dated 25.04.2024 passed by the learned Adhoc Additional District and Sessions Judge (F.T.S.C), Keonjhar in Special Case No.06 of 2024, whereby the learned Court below has framed the charges for the offences punishable under Section 354 -A of the I.P.C. read with Section 10 of the POCSO Act against the accused- petitioner.
2. The matter was taken up by this Court on 23.08.2024 and the following order was passed:-
"This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
2. Mr. Ajit Kumar Raut, learned counsel enters appearance on behalf of the informant/opposite party no.2 by filing Vakalatnama in Court today, which is taken on record.
3. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no.2.
Quashing of criminal proceedings permissible where continuation would cause injustice, especially in light of amicable resolution and lack of evidence for serious charges.
The court can exercise its inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings, even in non-compoundable cases, based on the specific facts and circumstances of the case,....
The court can exercise its inherent powers under section 482 of the Code to quash proceedings in the interest of complete justice and to prevent abuse of the process of the court, considering the for....
The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The inherent power of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings in appropriate cases where the offender and victim have settled their dispute, w....
The High Court can quash criminal proceedings if the parties have amicably settled and the charged offenses are not heinous.
High Courts can quash FIRs for non-compoundable offences where parties reach a settlement, provided the dispute does not involve heinous crimes.
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
Child abuse - Household work and beating - Amicable settlement between parties - Rejection of petition to quash criminal proceedings - Outcome of cases which have impact upon society cannot be dispos....
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