Shiba Prasad Mishra Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1244 of 2025

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Shiba Prasad Mishra ..... Petitioner

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Represented By Adv. - Sangita Mohanty, Mr. R.K. Mohanty, Adv.

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-versus-

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1) State Of Odisha ..... Opposite Parties 2) Pradeep Kumar Lenka Represented By Adv. - M/s Silabhadra Sastry, S.s.mohanty ,s.m.panigrahi, A.sethi, D.r.behera Mr. S. Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.07.2025

Order No.

03.

1. This matter is taken up through Hybrid mode.

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Heard Mr. R.K. Mohanty, learned counsel for the Petitioner and Mr. S. Sastry for Opposite Party No.2 as well as learned counsel for the State. Perused the application as well as documents annexed thereto.

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By filing the present application under Section 528 of BNSS, the Petitioner seeks to invoke the inherent jurisdiction of this Court to quash the FIR dated 30.11.2024 as well as the entire criminal proceeding in C.T. Case No.2192 of 2024 corresponding to Bharatpur P.S. Case No.782 of 2024 pending in the file of J.M.F.C.V (Cog. Taking), Bhubaneswar. In the above referred Bharatpur P.S.

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Page 1 of 3 .

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Case No.782 of 2024 was registered at the instance of the Opposite Party No.2-Informant for alleged commission of offence under Section 324(2), 318(4), 3(5) of BNS.

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During the pendency of the present application, with the consent of the parties, the matter was sent to the Orissa High Court Mediation Centre for an early settlement of the dispute between the parties. Report of the Mediator has been forwarded to this Court by the Coordinator, Orissa High Court Mediation Centre vide letter No.1442 dated 25.06.2025. On perusal of the Mediation Report dated 25.06.2025, it appears that the mediation proceeding has become successful and accordingly the parties have agreed to settle the dispute and accordingly a Demand Draft No.038776 dated 24.06.2025, drawn on State Bank of India for Rs.7,00,000/- (Rupees Seven Lakhs) in favour of one Pradeep Kumar Lenka, the present Opposite Party No.2 has been handed over to the Opposite Party No.2 on being identified by Mr. Sastry, learned counsel for the Opposite Party No.2. Such Mediation Report further reveals that the parties have also agreed to withdraw the cases pending in different forums.

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Learned counsel for the Opposite Party No.2 filed an affidavit in Court today. On perusal of the said affidavit, it appears that the Opposite Party No.2 has corroborated the aforesaid facts and he has also admitted the acceptance of the above noted Draft.

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Learned counsel for the State on the other hand contended that since the matter has been settled through the mechanism of mediation at the Orissa High Court Mediation Centre, he will have no objection in the event the entire criminal proceeding is quashed.

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Page 2 of 3 .

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Taking into consideration the submissions of the learned counsel for the Petitioner as well as learned counsel for the Opposite Parties, this Court is of the view that since the dispute has already been settled at the Orissa High Court Mediation Centre and that the parties have agreed to resolved the dispute amicably and the same has been acted upon by paying the money as has been indicated hereinabove and keeping in view the affidavit of the Opposite Party No.2, that he does not want to proceed further in the matter, this Court is of the view that any further continuance of the present proceeding would be an abuse of process of the Court. Therefore, the present case comes within the rare and exceptional case where this Court through exercise of its inherent power, can quash the entire criminal proceeding. Accordingly, the FIR dated 30.11.2024 as well as the entire criminal proceeding in C.T. Case No.2192 of 2024 corresponding to Bharatpur P.S. Case No.782 of 2024 pending in the file of J.M.F.C.-V (Cog. Taking), Bhubaneswar is hereby quashed in respect of the present Petitioner. This order may be communicated by the parties to the concerned Court.

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8. Accordingly, the CRLMC is allowed.

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( Aditya Kumar Mohapatra) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3 . Location: High Court of Orissa, C utta ck Date: 24-Jul-2025 17:07:00

Shiba Prasad Mishra v. State of Odisha

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Shiba Prasad Mishra v. State of Odisha

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