Padmanava Mohapatra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Padmanava Mohapatra Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022 and the consequential proceedings arising therefrom, qua the petitioners, upon disposal of the CRLMC in terms of the successful mediation report.

Issue for consideration

Whether the criminal case arising from the F.I.R. (Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022) and its consequential proceedings against the petitioners should be quashed in view of the settlement reached in mediation.

Court's answer

Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022, initiated at the instance of opposite party No.2, and the consequential proceedings arising therefrom are quashed qua the petitioners.

Ratio / Principle

The mediation report as reproduced shall form part of the present order and the parties are bound to comply with their obligations flowing from the mediation report.

Key takeaways

In terms of the mediation report and the undertakings given by both parties to comply with its terms, the CRLMC is disposed of.ratio¶33

Detailed headnote1 paragraphs

CRLMC No.383 of 2024, High Court of Orissa at Cuttack (Sibo Sankar Mishra, J.), order dated 08.04.2025: Petitioners, accused in Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022 for offences punishable under Sections 341/294/323/427/379/34 IPC pending before the learned J.M.F.C., Salipur, had sought quashing of the FIR-initiated case and its consequential proceedings. Earlier, on the informant's affidavit of settlement, the petitioners had been admitted to regular bail, and by order dated 12.02.2025 the matter was referred to the High Court of Orissa Mediation Centre with the interim order continuing. Mediation sittings on 03.03.2025, 19.03.2025 and 03.04.2025 ended successfully, with all parties (Padmanava Mohapatra, Dolagobinda Mohapatra and Sasmita Mohapatra on one side and Rasmita Mohapatra on the other) filing a joint affidavit of compromise treated as part of the mediation report dated 03.04.2025. Holding that the mediation report forms part of the order and binds the parties to comply with their obligations under it, the Court disposed of the CRLMC in terms of the report and quashed the FIR case and the consequential proceedings arising therefrom qua the petitioners.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.383 of 2024

Padmanava Mohapatra & …. Petitioners others Mr.Lalit Kumar Maarana, Advocate

-versus-

State of Odisha & another …. Opp. Parties Mr.S.N.Biswal, ASC & Mr. Gokulananda Parida, Advocate

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

08.04.2025

08.

1. The matter was referred to the High Court of Orissa Mediation Centre vide order dated 12.02.2025. On 12.02.2025, this Court had passed the following order:

“1.The petitioners are accused in the F.I.R. in connection with Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022 for the offences punishable under Sections 341/ 294/ 323/427/379/34 of the IPC pending in the Court of the learned J.M.F.C., Salipur on various grounds.

2. Mr. Maharana, learned counsel for the petitioners submits that the petitioners had applied for

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anticipatory bail before this Court. The respondent /informant submitted an affidavit stating that he has settled the dispute with the petitioners. Taking note of the affidavit, this Court had relegated the matter to the trial Court for consideration of the regular bail. The petitioners were admitted to regular bail.

3. The opposite party No.2 has filed an affidavit stating that she does not want to proceed against the petitioners. In view of the said development, he submits that the matter could be settled through the mediation.

4. Learned counsel for the opposite party has also expressed the similar view.

5. Therefore, I am inclined to refer this matter to the Orissa High Court Mediation Centre for mediation. The Coordinator of the Orissa High Court Mediation Centre shall fix a date and intimate the same to the parties concerned to appear before the mediation centre for exploring the possibility of settlement between the parties.

6. Awaiting the mediation report, list this matter on 08.04.2025.

7. The interim order passed earlier shall continue till the next date.”

2. Pursuant to the aforementioned order, the parties had participated in the mediation process before the High Court of Orissa, Mediation Centre. The mediation became successful. The High Court of Orissa Mediation Centre vide its letter dated 03.04.2025 placed the mediation proceeding before this Court. The mediation report dated 03.04.2025 reads as under:

“Pursuant to the order of the Hon’ble High Court

dtd. 12.02.2025, the undersigned was appointed as mediator by the Coordinator of the Centre for settlement of the dispute between the parties.

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Accordingly, the mediation process held on 03.03.2025, 19.03.2025 and today i.e. on 03.04.2025 in single and joint sittings.

The petitioners namely Padmanava Mohapatra, Dolagobinda Mohapatra and Sasmita Mohapatra are present along with their counsel. The opposite party namely Rasmita Mohapatra is present along with her counsel at High Court of Orissa Mediation Centre, Aain Seva Bhawan, CDA, Cuttack.

During all sittings of mediation proceeding several attempts were made by the undersigned to resolve the dispute between the parties amicably. At last both the parties in presence of their respective counsels agreed to settle their dispute amicably.

Today all the parties in this proceeding filed a joint affidavit of compromise regarding their terms of settlement among the parties. This affidavit be treated as the part of the mediation report.

As per the affidavit filed by the parties, the present Mediation Proceeding became successful .

Accordingly, Office is requested to submit this report along with this affidavit filed by all the parties before the Hon’ble Court for kind perusal.”

3. Learned counsels appearing for both the parties submit that the matter be disposed of in terms of the mediation report. The mediation report as reproduced above shall form part of the present order and the parties are bound to comply with their obligation flowing from the mediation report.

4. In terms of the aforementioned report and the undertakings given by both the parties to comply with the terms of the mediation, the CRLMC is disposed of.

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5. The prayer made by the petitioners seeking quashing of Mahanga Town P.S. Case No.343 of 2022 corresponding to G.R. Case No.1041 of 2022 initiated at the instance of the opposite party No.2 and the consequential proceeding arising therefrom are quashed qua the petitioners.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Apr-2025 19:54:01

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