The High Court
Case Details
THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 3249 of 2022 (In the matter of an application under Section 482 of the Criminal Procedure Code, 1973) Dinesh Kumar Mafidar ……. Petitioner -Versus- State of Orissa & another ……. Opposite Parties For the Petitioner : Mr. Prafulla Kumar Rath,
Legal Reasoning
Senior Advocate For the Opp. Party No.1 : Mr. B.K. Ragada, Additional Government Advocate For the Opp. Party No.2 : Mr. Rabindranath Prusty, Advocate CORAM: THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 28.08.2024 Date of Judgment: 29.10.2024 S.S. Mishra, J. 1. At the instance of the opposite party No.2, the F.I.R. in connection with Jharsuguda Sadar P.S. Case No.228 of 2021 corresponding to C.T. Case No.2979 of 2021 pending in the Court of the learned S.D.J.M., Jharsuguda for the offence punishable under Sections 420/465/468/471/120-B of the IPC came to be registered against the petitioner. 2. The prosecution case as alleged in the F.I.R. dated 20.12.2021 is that the informant claims to be the owner in possession of a piece of property under M.S. Khata No.747/57 of Mouza- Jharsuguda Town Unit No.02 Balijori consisting of one plot measuring an area of Ac.0.152 decimals. The informant further alleged that, there is a Market Complex and residential quarters existing over the said land. The first floor was entrusted to the petitioner to take care of the same. It is further complained that the petitioner defaulted in payment of the rental dues and by procuring a forged N.O.C. has entered the name of Dinesh Kumar Mafidar (petitioner No.2) in the R.O.R. 3. The petitioner is the real brother of the opposite party No.2. The dispute is apparently regarding the division of the ancestral property between the brothers. When the F.I.R. was being Page 2 of 6 investigated, all the brothers attempted to settle their differences by the intervention of the elders and well-wishers. Meanwhile, the investigation was complete and the charge sheet has been filed in the present case. The Court below vide order dated 29.06.2022, has also taken cognizance of the offences punishable under Sections 420/120-B of the IPC against the petitioners. 4. When the matter stood thus, the petitioner No.2 filed a partition suit impleading the petitioner No.1 as the defendant No.1 and the informant as defendant No.2 and their sisters as defendant Nos.3 & 4. The partition suit being C.S. No.156 of 2022 was put to trial. At the stage of the trial, the parties to the suit, i.e., including the petitioners and the opposite party No.2 have arrived at a compromise. The compromise petition dated 15.02.2024 was filed in the civil suit. The relevant part of the compromise petition reads as under:- “In the above suit the parties (plaintiff AND Defendant 2 to 4) beg to state as follows (1) That the plaintiff has filed suit for the partition claiming his due & legitimate share in respect of the suit properties. Schedule A, B, C, C1, C2, D, E & F. Page 3 of 6 (2) That in the meantime the defendant no.1 Purna Chandra Mafidar is dead. (3) That after his death the parties at the intervention of common friends and relatives have amicable settled the matter among themselves and all of them wants to resolve the matter so that there shall not be any complication/litigation in future among themselves. The terms and condition of the compromise are as follows:- (i) (ii) (iii) (iv) (v) Xxx xxx xxx Xxx xxx xxx Xxx xxx xxx Xxx xxx xxx The plaintiff and deft no 2 have amicably settled and agreed this compromise petition which has been separately allotted them in the family partition. in respect of Sch-D of have hereto agreed parties The and acknowledged the amicable family settlement & partition and by virtue of this compromise they will process lands, houses their allotted separately today onwards and will affect separate RoR after necessary mutation and the properties mentioned in their share will be their separate properties mentioned in the share will be their separately properties and then (plaintiff and deft. No 2) shall be exclusive owners here after. (vi) That the plaintiff has agreed to withdraw the Revision/Cr mis Case filed before the Hon’ble High Court and Deft no 2 simultaneously has agreed not to proceed with the Criminal Case CT case No. 2979/21 of the court of SDJM, Jharsuguda and both the proceeding shall be closed within three months simultaneously.” Page 4 of 6 5. Pursuant to the settlement, the partition suit has been decreed vide Judgment dated 09.03.2024. The certified copy of the suit, compromise petition and the decree passed by the Court below in C.S. No.156 of 2022 has been placed on record. 6. On the basis of the aforementioned settlement, which culminated into the final decree in a partition suit, the present petitioners have filed the instant petition under Section 482 of the Cr.P.C. seeking quashing of the cognizance order dated 29.06.2022 passed by the learned S.D.J.M., Jharsuguda in C.T. Case No.2979 of 2021 and the consequential proceeding arising therefrom. 7. The parties have very specifically agreed in the compromise petition that the criminal cases pending inter-se parties shall also be withdrawn/closed. Pursuant to the consent decree passed on the basis of the settlement, the ancestral properties have been divided between the Class-1 coparceners. The petitioner and the opposite party No.2, the informant being Page 5 of 6 the real brothers also satisfied with the decree, which has been executed. 8. Regard being had to the fact that the parties have settled their dispute among themselves on the basis of which a consent decree has been passed, moreover, the present case is basically a civil dispute, I am inclined to allow the present petition. 9. Accordingly, the impugned order dated 29.06.2022 passed by the learned S.D.J.M., Jharsuguda in C.T. Case No.2979 of 2021 and the consequential proceeding arising therefrom are quashed.
Decision
10. The CRLMC is accordingly allowed and disposed of. S.S. Mishra (Judge) The High Court of Orissa, Cuttack Dated the 29th October, 2024/ Subhasis Mohanty Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 13-Nov-2024 09:52:38 Page 6 of 6