Allowed

Jagabandhu Parida v. State of Odisha

Orissa HC10 Mar 2023CRLMC/293/2023

Case brief

AI extract

What is this about?

The High Court of Orissa quashed criminal proceedings initiated under Sections 418/420/468/471/167/177/120(B)/34 of IPC arising from a family dispute over land inheritance. The court noted the dispute had been amicably settled, the informants had no grievance, and continued proceedings would serve no purpose.

What did the court decide?

The proceedings in G.R. Case No.1138 of 2020 pending in the court of learned J.M.F.C.(Rural), Cuttack are hereby quashed.

Jagabandhu Parida Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No293 of 2023

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Jagabandhu Parida & Ors. …. Petitioners Mr. S.R. Mulia, Adv.

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-Versus -

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State of Odisha and Another …. Opposite Parties

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Mr. S.K. Mishra, Addl. Standing Counsel

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Mr. A.K. Mohanty, Adv. (for O.P. Nos.2 & 3)

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CORAM:

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JUSTICE SASHIKANTA MISHRA

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ORDER_ 10.03.2023

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Order No. 03.

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This matter is taken up through hybrid mode.

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Heard Mr. S.R. Mulia, learned counsel for the petitioners; Mr. S.K. Mishra, learned Additional Standing Counsel for the State and Mr. A.K. Mohanty, learned counsel for the opposite party Nos. 2 and 3.

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The present application under Section 482 of the Cr.P.C. has been filed by the petitioners with a prayer to quash the order of cognizance dated 04.08.2022 passed in G.R. Case No. 1138 of 2020 pending in the file of learned J.M.F.C.(Rural), Cuttack for the alleged commission of offence under Sections 418/420/468/471/167/177/120(B)/34 of IPC. 4. The facts of the case are that the informant- opposite party Nos.2 and 3 lodged an F.I.R. before the Jagatpur Police Station

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alleging that after the death of their father, their brother (petitioner no.1) claiming himself to be the sole son of their father obtained legal heir certificate by filing false affidavit and sold some portion of land, which was in the name of their father, to one Amita Biswal (petitioner No.2). After coming to know about the incident, they lodged the FIR.

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It is submitted that subsequently, the dispute between the parties has been settled amicably. On last date, i.e. on 03.03.2023 a joint affidavit was filed being sworn by the petitioner no.1 and the informants stating that the matter has been amicably settled/compromised between them and that they have received their share of their father’s property proportionately and therefore, they do not want to proceed any further in the case.

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On the above basis, it is submitted that as the proceeding had been initiated due to family dispute, but has since been resolved amicably as also the fact that the concerned parties do not wish to continue with the proceeding, the same may be quashed.

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A perusal of the affidavit filed by the informants reveals that they do not want to proceed in the case further. The informants have also no grievance against the petitioners in this case. The matter has been amicably settled and compromised.

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Considering the submissions made as noted above and the affidavit filed by the informant, it is evident that the dispute has been amicably settled. Under such circumstances, no fruitful

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purpose would be served by allowing continuance of the criminal proceedings against the petitioners, especially when the chance of conviction in the said case is bleak.

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This Court is therefore, inclined to allow the prayer of the petitioners. The proceedings in G.R. Case No.1138 of 2020 arising out of Jagatpur P.S. Case No.199 of 2020 pending in the court of learned J.M.F.C.(Rural), Cuttack is hereby quashed.

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Accordingly, the CRLMC is disposed of.

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Urgent certified copy of this order be granted on proper

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application.

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( Sashikanta Mishra)
Judge

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Deepak/A.K. Rana

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Jagabandhu Parida v. State of Odisha

Case brief

What is this about?

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Jagabandhu Parida v. State of Odisha

Case brief

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