Gopal Krushna Patnai Vs State

Mr. Santosh Kumar Dash, learned counsel for the Petitioner submits that in Criminal Revision No. 206 of 2008 was filed by Ramniwas Sharma, the complainant against the present Petitioner and co-accused S. Babu Rao, a mediation report dated 07.04.2013 had been received wherein it was mentioned that all other cases pending between the parties i.e.:

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i. Crl Misc. Case No.767/2007

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ii. Crl Rev No.206/2008

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iii. Crl Rev No.1016/2007

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iv. Crl Misc. case No.1583/2008 (present case)

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v. Special Leave to Appeal (Crl.) No.7789/2008 with criminal Miscellaneous Case No. 16222 and 17234 of 2008.

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vi. ICC No. 16/2006.

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vii. ICC No. 27/2006.

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shall stand terminated as withdrawn disposed of as the case

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maybe.

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Mr. S.K. Dash, learned counsel for the Petitioner in order passed in Special Leave to Appeal (Crl.) No.7789/2008 where the order dated 23.04.2008 passed in Criminal Revision No. 1016 of 2007 by this Court, had been challenged, referring to the Mediation Report, the Hon’ble Supreme Court had disposed of the SLP on 10.01.2014 noting the undertaking of the co-accused that he is prepared to deposit of Rs.5,00,000/- for transfer of the land by the Respondent No.2 to him. The Court had also directed that on the land being transferred, Respondent No.2 shall be permitted to withdraw the amount deposited and the parties shall abide by terms and conditions of the settlement arrived at the mediations. In view of the order of the Hon’ble Supreme Court and the Mediation Report, the CRLMC may be disposed of.

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The Mediation Report dated 07.04.2013 in Criminal Revision No. 206 of 2008 produced by Mr. S.K. Dash, learned counsel for the Petitioner is taken on record and shall be scanned and incorporated in the digital record. The contents of the report is extracted below:

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“In pursuance to the direction of this Hon'ble Court on dtd. 7.3.2013 in the above case the petitioner Ramniwas Sharma and his son Shiv Prakash Bohra appeared along with their advocate Sasmita Nanda and Sri Gopal Krushna Pattnaik along with his advocate Sri Santosh Kumar Das also appeared before me on 24.03.2013. The mediation continued and deferred to another date as the discussion for settlement could not be completed on 24.03.2013. After a few sittings thereafter the parties eventually appeared before me on 7.04.2013 and agreed for settlement which I

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had recorded.

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Both the parties have agreed and settled their dispute and dissention through mediation on the following terms and conditions.

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1. The petitioner Sri Ramniwas Sharma as Karta of his family will execute and register the sale deed in respect of his property i.e. the plot no. 157/1 area measuring Ac. 0.10 (cents) situated in mouza Bissam Cuttack in favour of Gopal Krushna Pattnaik for a consideration amount of Rs. 5,00,000/- (five lakhs) payable through demand draft in the name of the petitioner. Such execution registration of this sale deed shall be made on or before 7th day of August 2013 and the bank demand draft of Rs.5,00,000/- (five lakhs) shall be handed over to the petitioner on the date of execution and registration of sale deed in presence of the advocate of both the parties.

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2. At the time of execution and registration of the sale deed the petitioner shall hand over all the original documents relating to title of the property in question to the Opp. Party Gopal Krushna Pattnaik in presence of their advocates.

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3. In view of the above settlement amongst the parties it is further decided that all other cases pending between the parties i.e.

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