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ORISSA HIGH COURT
SANGITA SWAIN – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Sanjeeb K.Panigrahi, J.
1. The petitioners, by way of the present petition, seek quashing of the FIR and the consequential criminal proceedings in respect of Angul P.S. Case No. 305 of 2021 corresponding to G.R. Case No.825 of 2021, pending before the learned S.D.J.M., Angul, inter alia, on the ground of subsequent settlement and restitution of the compensation amount.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
i. The prosecution case, as reflected in the FIR, is that on 13.06.2021 the complainant, Shri R.S. Rawat, Chief Administrative Officer, Air Force, Kalaikunda, Midnapore (West), West Bengal, lodged an FIR against Mrs. Sangita Swain, Secretary of an NGO namely “Human Rights Watch”, Angul.
ii. The FIR alleges that the said NGO had filed complaints before the National Human Rights Commission, New Delhi, being Case Nos. 687/18/1/2017 and 716/18/1/2017, in connection with an incident dated 31.12.2016 at village Chematata in District Balasore, where an infra-red flare allegedly caused death and burn injuries. In the said incident, Master Sameer Naik, son of Liku Naik, died on 31.12.2016, and Ms. Rakhi Naik, daughter of Liku Naik, sustained bur
Subsequent restitution of compensation does not negate criminal liability; FIR allegations support continuation of criminal proceedings under IPC for misappropriation despite civil suit settlement.
Subsequent restitution of funds does not negate criminal liability if the FIR establishes prima facie misappropriation, and inherent jurisdiction under Section 482 CrPC is exercised sparingly to prev....
The court reaffirmed that subsequent restitution does not negate criminal liability where allegations disclose elements of misappropriation under IPC.
The power of the High Court to quash criminal proceedings under Sec. 482 of CrPC should be sparingly and cautiously exercised, and should not be used for heinous and serious offences. The timing of s....
The power of the High Court in quashing a criminal proceeding or FIR in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the of....
The court emphasized the need for verification of compromises in cases under the SC/ST Act to prevent misuse and uphold the integrity of the law.
The court emphasized that inherent powers to quash criminal proceedings should be exercised sparingly, particularly in serious offences, to prevent abuse of process and ensure justice.
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