The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.996 of 2024 Siba @ Padmalochan Behera & another …. Petitioners Mr. A. Bhoi, Advocate -versus- State of Odisha & another …. Opp. Parties
Legal Reasoning
Mr. U.R. Jena, AGA Mr. S. Sahoo, Advocate CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
Order No. 07. 1. 2. ORDER 16.12.2024 Heard learned counsel for the parties. At the instance of the opposite party no.2, the F.I.R., i.e., Balasore Cyber Crime & Economic Offences P.S. Case No.6 of 2022 came to be registered against the petitioners under Sections 419/420 of the IPC read with Section 66(C) & 66(D) of the I.T. Act, 2000 corresponding to C.T. Case No.296 of 2022 pending before the learned S.D.J.M., Nilagiri. 3. The prosecution case is that in the absence of the informant, two unknown persons came on 15.05.2022 at about 12 Noon by motor cycle and called the villagers to distribute Kalia Yojana Money. Accordingly, the wife of the informant/complainant gave them Aadhar Card and other documents. When she gave her Page 1 of 6 Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 thumb impression on the laptop brought by one of the accused persons, the wife of the complainant was provided cash of Rs.2,000/-. After some days, when the wife of the informant went to the Bank and updated her Bank Pass Book, she came to know that the balance in her account has gone down to Rs.458/- as against the previous balance of Rs.49,470/-. The informant also alleged that such type of fraudulent act has also been committed in case of other ten to twelve persons in his village on the same day. Hence, the F.I.R. 4. After investigation, Charge Sheet has been submitted on 28.11.2024 for the alleged commission of offences punishable under Sections 419/420/34 of the IPC read with Section 66(C) & 66(D) of the I.T. Act, 2000 against the petitioners. During investigation, it has come to the light that the petitioners have not only withdrawn the money from the account of the opposite party no.2, but also they have un authorizedly withdrawn the money from the accounts of the other people. Therefore, this Court directed the I.O. of the case to verify as to whether the petitioners have returned the money, which has been unauthorisedly withdrawn by them from the accounts of the other people including the opposite party no.2. The I.I.C., C.C. & E.O. Police Station, Balasore vide his instruction dated 10.12.2024 has, inter alia, stated as Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 under: “With reference and subject cited above I have the honour to submit that I have verified regarding whether the victims have been paid back the amount or not, which was unauthorisedly withdrawn from the account of the victims by the accused Siba @ Padmalochan Behera and it is ascertained that the victims have already been paid back and the matter has been settled and compromised between the accused and victims. Beside that during investigation the amount which was seized from the possession of accused Siba @ Padmalochan Behera also left in zima to the victims.” The IIC, Cyber Crime & E.O. Police Station, Balasore has also verified the antecedents of the petitioners and submitted the written instruction before this Court, which reads as under: “Verified the C/A of accused persons namely Ajay Kumar Tripathy and Shiba @ Padmalochan Behera (34) S/o-Raghunath Behera, Vill-Brahman Sabira, PS- Soro, Dist-Balaore from their respective PS’s and found nothing adverse against him from their locality as well as available PS record.” 5. Before the matter was set for trial, the parties stated to have settled the dispute and the petitioners have refunded the money alleged to have been withdrawn from the account of the opposite party no.2 and other people. 6. The petitioner no.2 and opposite party no.2 appear before this Court through virtual mode being identified by their respective counsel and have filed their self-attested xerox copies of Aadhar Cards to establish their identity, which are taken on record. The petitioner no.1 has also appeared in person before this Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 Court being identified by his counsel and has filed his self-attested Xerox copy of Aadhar Card to establish his identity, which is taken on record. 7. The opposite party no.2 have filed an affidavit dated 22.03.2024, inter alia, stating as under: “3. That, on the basis of my allegation in Balasore Cyber Crime & Economic Offences PS FIR No.6 dated 2-6-2022, the accused petitioner-l namely Padmalochan Behera arrested and released on bail. 4. That, with the interference of the well wishers, elders and gentries, the differences, ill feelings and disputes between the petitioners and the informant & other victims came to an end accordingly settled and compromised. Both the parties are living with co- operation and feeling peace and happy. Day by day I & other victims felt that the criminal proceeding against the petitioners should not be pressed. As such I being the representative of other victims voluntarily without any coercion, persuasion expressed the decision before the petitioners that I and other victims are not interested to proceed further in the criminal case instituted at my instance. For which the petitioners are prompted to prefer appropriate application before this Hon’ble Court to cause termination of the criminal proceeding on the basis of amicable settlement & compromise between the parties and as I .& other victims are not interested to proceed further in the case. That, as I and other victims are not interested 5. to proceed further in the criminal case, I along with other victims have no objection if the criminal proceeding in Balasore Cyber Crime & Economic Offences PS FIR No.6 dated 2-6-2022 .giving rise, to- C.T. No.296/2022 before is quashed and terminated by this Hon’ble Court. the SDJM, Nilagiri 6. That, I am submitting herewith my Xerox copy self of bearing Aadhaar No.904585732170 and I have executed Vakalatnama in favour of Advocate namely Sankarsan Sahoo.” attested Card 8. Mr. Jena, learned counsel for the State submits Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 that the petitioners are first time offenders and they have already returned the money withdrawn from the account of the opposite party no.2 and other victims. Therefore, this Court may give indulgence, as there is no legal impediment. Moreover Sections 419 & 420 of the IPC are compoundable offences. 9. Regard being had to the terms of settlement and the fact that the petitioners have already returned the money withdrawn from the account of the opposite party no.2 and other victims and the victims have also filed affidavit before this Court and after verification of the factum of the settlement, the IIC has already filed the written instruction before this Court, I am inclined to allow this petition. 10. Moreover, subjecting the petitioners to the rigors of trial is destined to be a futile exercise as the opposite party no.2 along with the other victims have already settled the dispute with the petitioners. Therefore, the case of the present petitioners is squarely covered by the judgments of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another, reported in 2012 (10) SCC 303, B.S. Joshi & others vs. State of Haryana & another, reported in (2003) 4 SCC 675 and Madhavraoji Wajirao Scindia and another Vrs. Sambajirao Chandrojirao Angre and others, reported in AIR 1988 SC. Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Dec-2024 10:15:37 11. In view of the aforementioned submissions made at bar, Balasore Cyber Crime & Economic Offences P.S. Case No.6 of 2022 corresponding to C.T. Case No.296 of 2022 pending in the Court of learned S.D.J.M., Nilalgiri and the consequential proceedings arising there from qua the petitioners are quashed. 12. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge amit