Quashed

Imamsha Akbar@Imam Shah a v. State of Odisha

Orissa HC8 May 2024CRLMC/413/2024

Case brief

AI extract

What is this about?

Petitioner approached High Court for quashing of criminal proceedings under Section 420 IPC alleging cheating. Court observed settlement of dispute with payment of Rs.11 lakh by Petitioner. Relied on Supreme Court precedents to quash proceedings as trial would be futile upon settlement.

What did the court decide?

Criminal proceedings in Lalbag P.S. Case No.247 of 2021 and consequential proceedings qua Petitioner are quashed.

Imamsha Akbar@Imam Shah a Vs State of Odisha — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.413 OF 2024

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Imamsha Akbar @ Imam Shaha

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…. Petitioner(s)

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Mr. S. Dash, Advocate

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-versus-

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…. State of Odisha and another Opposite Party(s)

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Mr. P. K. Maharaj, ASC Mr. S. K. Sahoo, Advocate for O.P.2

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

08.05.2024

Order No.

02.

Heard.

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At the instance of Opposite Party No.2, the F.I.R. dated 22.09.2021 in Lalbag P.S. Case No.247 of 2021 under Section 420 of the I.P.C. came to be registered against the Petitioner.

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The allegation against the Petitioner in the F.I.R. is that the Petitioner had promised the Opposite Party No.2 to take him to Canada and provide a job and has taken Rs.15,30,000/-. However, the Petitioner wriggled out of his promises and not even returned the amount, therefore, he has cheated the complainant. The F.I.R. was registered. After investigation, charge-sheet has been filed against the Petitioner on 23.11.2021 for the commission of the

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offence under Sections 420/406 of I.P.C. Before the trial commenced, the parties have settled their dispute.

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The Petitioner and the Opposite Party No.2 are present in the Court and being identified by their respective counsel. They have also filed the self-attested copies of their Aadhaar Cards before this Court to establish their identity, which are taken on record.

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The Petitioner and the Opposite Party No.2 have filed a joint affidavit dated 19.04.2024 inter alia stating that at the stage of interim bail, the Petitioner has paid Rs.3,00,000/- to the Opposite Party No.2 and now he has also paid Rs.8,00,000/-. Therefore, the Petitioner has paid total Rs.11,00,000/- to the Opposite Party No.2 towards the settlement.

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Mr. Maharaj, learned Additional Standing Counsel for the State submits that since the dispute is inter-se party and the Petitioner has already paid Rs.11,00,000/- to the Opposite Party No.2 in lieu of the settlement, there is no legal impediment in quashing the F.I.R.

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The demand draft of Rs.7,00,000/- and the cheque of Rs.1,00,000/-, which were deposited in the Court are handed over to the Opposite Party No.2. The Petitioner undertakes before this

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Court that the cheque of Rs.1,00,000/- which he has issued in

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favour of Opposite Party No.2 shall be honoured on presentation.

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Taking into consideration that the parties have settled their dispute and keeping in view the judgment of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675 , I am of the considered view that subjecting the Petitioner to trial would be a futile exercise. Therefore, the petition deserves merit. Accordingly,

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the criminal proceeding in Lalbag P.S. Case No.247 of 2021 corresponding to G.R. Case No.1179 of 2021 pending in the Court of the learned J.M.F.C. (Cog.)-IV, Cuttack and the consequential proceedings arising therefrom qua the Petitioner are quashed.

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The CRLMC is disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 11-May-2024 13:27:14

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Imamsha Akbar@Imam Shah a v. State of Odisha

Case brief

What is this about?

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Imamsha Akbar@Imam Shah a v. State of Odisha

Case brief

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