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Kunjabihari Chinara v. State of Odisha

Orissa HC24 Jul 2024CRLMC/2008/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; inherent jurisdiction; amicable settlement via Orissa High Court Mediation Centre (order dated 23.11.2023); anticipatory bail ABLAPL No.12086 of 2023 with interim order dated 19.10.2023 (no coercive action); F.I.R. Talcher P.S. Case No.391 of 2022 — money taken for Hyva trucks not supplied; G.R. Case No.1275 of 2022 (S.D.J.M., Talcher) quashed as abuse of process; settlement amount Rs.1,50,000/- paid and receipt acknowledged; Chinara v. State of Odisha & Anr.; Justice Aditya Kumar Mohapatra; decided 24.07.2024; CRLMC disposed of.

What did the court decide?

Prayer granted: the criminal proceeding in G.R. Case No.1275 of 2022 (learned S.D.J.M., Talcher) is quashed; with this observation and direction the CRLMC stands disposed of. ¶26

Kunjabihari Chinara Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer granted: the criminal proceeding in G.R. Case No.1275 of 2022 (learned S.D.J.M., Talcher) is quashed; with this observation and direction the CRLMC stands disposed of.

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Issue for consideration

Whether the criminal proceeding in G.R. Case No.1275 of 2022 (corresponding to Talcher P.S. Case No.391 of 2022), arising from an F.I.R. alleging non-supply of promised Hyva trucks despite payment, should be quashed under the inherent jurisdiction of the Court invoked through Section 482 Cr.P.C., in view of the amicable settlement between the parties.

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Court's answer

As the matter has been amicably settled between the parties and the informant has no subsisting grievance against the petitioner, further continuance of the criminal proceeding would be an abuse of the process of law.

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Ratio / Principle

Accordingly, this Court deemed it proper to quash the criminal proceeding bearing G.R. Case No.1275 of 2022 pending in the file of the learned S.D.J.M., Talcher.

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Detailed headnote1 paragraphs

CRLMC No.2008 of 2024 (High Court of Orissa at Cuttack, decided 24.07.2024, Hon'ble Mr. Justice Aditya Kumar Mohapatra) — Application under S.482 Cr.P.C. invoking inherent jurisdiction to quash G.R. Case No.1275 of 2022 pending before the learned S.D.J.M., Talcher (corresponding to Talcher P.S. Case No.391 of 2022), an F.I.R. alleging that the petitioner took money promising Hyva trucks that were never supplied. The petitioner had earlier sought anticipatory bail (ABLAPL No.12086 of 2023), wherein an interim order dated 19.10.2023 barred coercive action; the parties were referred on 23.11.2023 to the Orissa High Court Mediation Centre and amicably settled, the petitioner paying Rs.1,50,000/- to the informant, whose counsel acknowledged receipt. Holding that, with the matter settled and the informant having no subsisting grievance, further continuance of the proceeding would be an abuse of the process of law, the Court quashed the criminal proceeding and disposed of the CRLMC.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2008 of 2024

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1) Kunjabihari Chinara

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1. Prasant Kumar Chinara

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1. Pravat Kumar Chinara

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..... Petitioners

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Represented By Adv. - Bharat Jalli

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-versus-

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1) State Of Odisha

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1. Chandra Sekhar Bala

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..... Opposite Parties Represented By Adv. - M.K.Mohanty, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

24.07.2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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The present application has been filed under Section 482 Cr.P.C. thereby invoking the inherent jurisdiction of this Court with a prayer to quash of the criminal proceeding in G.R. Case No.1275 of 2022 pending in the file of the learned S.D.J.M., Talcher which corresponds to Talcher P.S. Case No.391 of 2022.

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On perusal of the record it appears that the Opposite Party No.2 as informant had lodged an F.I.R. before the Talcher P.S. therein alleging that the petitioner had taken money in return to provide to Hyva Trucks. It has also been alleged that although the petitioner took money from the informant, however in return the aforesaid trucks which were promised were not provided to him. After being defaulted by the petitioner the informant has lodged an F.I.R. before the Talcher Police Station.

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Learned counsel for the petitioner further contended that earlier the

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Page 1 of 3.

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petitioner had approached this Court by filing an application for anticipatory bail bearing ABLAPL No.12086 of 2023. In the said bail application, an interim order was passed on 19.10.2023 directing that no coercive action shall be taken against the petitioner and the parties were referred to the Orissa High Court Mediation Centre vide order dated 23.11.2023. Learned counsel for the petitioner further submitted that on receiving notice from the Orissa High Court Mediation Centre, the Opposite Party No.2 appeared and participated in the mediation proceeding. He further contended that with the consent of the parties the matter has been amicably settled subject to petitioner paying a sum of Rs.1,50,000/- to the Opposite Party No.2 and the informant agreed that on payment of such money, he shall withdraw the present criminal case. Learned counsel for the petitioner further submitted that the aforesaid sum of Rs.1,50,000/has already been to the paid to the informant-Opposite Party No.2.

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Learned counsel appearing for the informant-Opposite Party No.2 acknowledge the fact of receipt of the aforesaid sum of Rs.1,50,000/from the petitioner.

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Considering the submissions by the counsels appearing for the respective parties, since the matter has been amicably settled between the parties and the informant has no subsisting grievance against the present petitioner, this court is of the view that further continuance of the present proceeding would be an abuse of the process of law considering the fact that the matter has been amicably settled between the parties. In such view of the matter, this Court deems it proper to quash the criminal proceeding bearing G.R. Case No.1275 of 2022 pending in the file of learned S.D.J.M., Talcher. The aforementioned proceeding G.R. Case No.1275 of 2022 is hereby

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Page 2 of 3.

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quashed.

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