The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2979 of 2024 Prakash Kumar Sethi & another …. Petitioners Mr.L.K.Maharana, Advocate State of Odisha & another …. Opp. Parties -versus-
Legal Reasoning
Mr.Bibekananda Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 10.03.2025 1. When the matter was taken up for hearing on 16.08.2024, the following order was passed: “1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Mr. S.K.Mohanty, learned counsel enters appearance on behalf of the Opposite Party No.2 by filing a vakalatnama in Court today and the same be kept on record. Registry is directed to reflect the name of Mr.S.K.Mohanty, as learned counsel for the Opposite Party No.2 in the brief as well as in the cause list. 3. Heard learned counsel for the petitioners as well as learned counsel for the Informant. Order No. 03. 4. is stated by that learned counsel for the It the petitioners, who had petitioners admittedly taken some money, have paid some amount in the meantime. 5. Learned counsel for the Informant on the other Page 1 of 5 hand disputed and raised questions with regard to the conduct of the petitioners in the present case. 6. On a careful analysis of the submissions made by learned counsels appearing for both sides it appears that the dispute with regard to monetary matter which can be resolved the mechanism of Mediation. through 7. With the consent of the learned counsel for the parties, the parties are directed to approach the Coordinator of the Orissa High Court Mediation Centre on 03.09.2024 with their respective counsels along with a copy of today’s order. 8. On appearance of the parties, the Orissa High Court Mediation Centre shall appoint a trained mediator who shall make an endeavor to resolve the dispute amicably among the parties. The parties directed to cooperate with the Mediator by producing whatever materials in their possessions and in supporting their contentions. 9. As an interim measure, it is directed that the petitioners shall not be arrested in G.R. Case No.677 of 2024 till the next date. 10. List this matter on 27.09.2024. Let a report of the Mediation Centre be furnished before this Court by the next date. 11. Issue urgent certified copy of this order as per Rules.” 2. Pursuant thereto, Orissa High Court Mediation Centre entered into mediating between the parties and the mediation came out to be successful. The High Court Mediation Centre vide its letter dated 25.09.2024 has placed on record the mediation report dated 19.09.2024. In the mediation, the terms of settlement has been decided. The petitioner has agreed to pay the total amount of Rs.10 lakhs to the Page 2 of 5 informant. Out of that, the Demand Draft of Rs.5 lakhs was paid and the remaining Rs.5 lakhs was to be paid on two equal installments. Subsequent thereto, the petitioner has also made good the entire agreed payment on two installments. Finally, on 16.12.2024, the Mediator has concluded the mediation proceeding, inter alia, recording as under: “Pursuant to the order of the Hon’ble High Court dtd. 16.08.2024, the undersigned was appointed as mediator by the Coordinator of the Mediation Centre for settlement of the dispute between the parties. Accordingly, the mediation process held on 03.09.2024, 10.09.2024, 19.09.2024, 08.10.2024, 08.11.2024, 09.12.2024 and i.e. on 16.12.2024. today The petitioner and the Opp. Party are present along with their respective counsels at High Court of Orissa Mediation Centre, Aain Seva Bhawan, CDA, Cuttack. During all sittings of mediation proceedings several attempts were made to resolve the dispute between the parties amicably. At last both the parties in the presence of their respective counsels, agreed to settle their dispute as per the following terms and conditions: 1. That both the parties will abide by the decision of the mediation proceeding dtd. 16.12.2024 which was finalized with the consent of both the parties in presence of their respective counsels. 2. That the facts of the case is that the petitioner taken some money as loan from the informant which was not refunded by him for which the informant Sri G. Parameswar Rao finding no way out has lodged an FIR No.384 dtd. 07.05.2024 before Sadar Police Station Dhenkanal and corresponding to GR Case No.677 of 2024 pending Page 3 of 5 in the court of SDJM, Dhenkanal for offences Under Section 420 read with 34 of Indian Penal Code 1860 against the petitioners Sri Prakash Kumar Sethi and his wife Smt. Pushpa Sethi. 3. That the petitioners filed CRLMC No.2979 of 2024 challenging the proceeding pending before the learned SDJM, Dhenkanal. 4. That the Hon’ble Court entering into the facts of the case and on query, pleased to direct to both the parties to appear before the Mediation Centre for settlement of the matter amongst themselves. 5. That as per the amicable settlement between the parties the matter has been settled with Rs.10,00,000/- (Ten lakhs) to be paid to the informant by the petitioners. In the meantime the informant Mr. G. Parameswar Rao has already been received Rs.7,50,000/- from the petitioners. As per the order dtd. 19.09.2024 the petitioner submitted three Demand Drafts bearing No.1. 175083 dtd. 29.11.2024 of Rs.50,000/- No.2. 175084 dtd. 02.12.2024 of Rs.1,00,000/- No.3. 175085 dtd. 06.12.2024 of Rs.1,00,000/- (Total Rs.2,50,000/-) remaining settled amount which was in custody of Registry and the same amount of (Rs.2,50,000/-) is handed over to the informant Sri G. Parameswar Rao and same has been received by him. 6. That both the parties will give respect to the decision which are being taken for amicable settlement and accordingly, the informant Sri G. Parameswar Rao after having received the settled amount of Rs.10,00,000/- (Ten lakhs) agreed to withdraw FIR No.384 dtd. 07.05.2024 before Sadar Police Station, Dhenkanal and corresponding to G.R. Case No.677 of 2024 pending in the Court of SDJM, Dhenkanal for offences Under Section 420 read with 34 of Indian Penal Code 1860 against the petitioners Sri Prakash Kumar Sethi and his wife Smt. Pushpa Sethi and it is agreed by the parties neither of the parties shall institute or initiate any proceeding both civil and criminal with respect to the present dispute as matter has been fully settled between them through the present mediation proceeding.” Page 4 of 5 3. The terms of settlement as enumerated in the report dated 16.12.2024 forms part of the present order. The parties are bound to comply their part of the obligation. The matter is disposed of in terms of the mediation report. 4. In view of the aforementioned, the F.I.R. in connection with Dhenkanal Sadar P.S. Case No.384 of 2024 corresponding to G.R. Case No.677 of 2024 pending in the Court of the learned S.D.J.M., Dhenkanal and all consequential proceed arising there from is quashed qua the petitioners. 5. The CRLMC is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Mar-2025 19:59:05 Page 5 of 5