JUDGMENT :

G. Satapathy, J.

1. This is an application under Section 482 of Cr.P.C. by the petitioners seeking to quash the impugned order passed on 11.08.2022 by the learned Nyayadhikari-Cum-J.M.F.C., Gram Nyayalaya, Junagarh, Kalahandi in 1.C.C. No.1 of 2022 and, consequently, the criminal proceeding arising therein.

2. The background facts are that the petitioners are the accused persons in the complaint in 1.C.C. No.1 of 2022 instituted by OPNo.1 stating therein that on 22.02.2021, the complainant sent a friend request through facebook which was accepted by the petitioner No.1 on 23.02.2021 and thereafter, both of them exchanged their mobile as well as WhatsApp numbers and they developed relationship through WhatsApp chats, but one day, petitioner No.1 approached OPNo.1 for monetary help for a sum of Rs.10,00,000/- (Rupees ten lakhs) to develop some business on assurance to return the money and, accordingly, OPNo.1 on good faith, provided Rs.6,97,000/- to petitioners and sister-in-law of the petitioner No.1 namely Pinki Baishya through different modes like Phone Pay, Google Pay and account transfer on different dates. However, on 02.01.2022 at about 10 PM, the petitioners threatened to kill OPNo.1 and sent obscene and sexually explicit photographs to the WhatsApp number of OPNo.1 and got some inappropriate and objectionable photographs of OPNo.1 viral to blackmail him. According to OPNo.1, the petitioners had fraudulently cheated him in this way and he accordingly served a pleader notice to the petitioners on 05.01.2022, but when they remained silent, OPNo.1 instituted the complaint with aforesaid averment.

3. On receipt of complaint, the learned Nyayadhikari-Cum-J.M.F.C., Gram Nyayalaya, Junagarh, Kalahandi registered it and recorded the initial statement of the complainant-cum-OPNo.1 as well as the statement of two witnesses in an inquiry under Section 202 of Cr.P.C. After being satisfied with the averments made in the complaint together with the initial statement and statement of witnesses in t he enquiry, the learned Nyayadhikari-Cum-J.M.F.C., Gram Nyayalaya, Junagarh, Kalahandi by the impugned order took cognizance of offences under Sections 507/420/34 of IPC read with Section 67/67-A of IT Act, 2000. Hence, this application under Section 482 of Cr.P.C. by the petitioners.

4. In the course of hearing of CRLMC, Mr. B.K. Nayak, learned counsel for the petitioners has submitted that neither the ingredients of offences under Section 507/420/34 of IPC are disclosed from a perusal of entire materials placed in the complaint nor are the petitioners responsible for any offence. He has further submitted that since OPNo.1 had threatened the petitioners as well as uploaded the objectionable photographs in the social media, petitioner No.1 lodged an FIR against OPNo.1 in her native State, which is Assam and, accordingly, FIR was registered against OP No.1 on 25.12.2021, but in order to escape from the criminal liability, OPNo.1 has manufactured this case against the petitioners after some days of lodging of FIR by petitioner No.1 in Assam and, therefore, the complaint in 1.C.C. No.1 of 2022 is liable to be quashed along with the impugned order.

5. Mr. S.N. Mishra-4, learned counsel for the O.P.No.1, however, has resisted the claim of the petitioners by submitting inter-alia that the materials placed on record disclose a strong prima facie case of cheating and, therefore, the present complaint cannot be quashed against the petitioners.

6. Mrs. S.R. Sahoo, learned ASC, however, prays to pass appropriate order in this matter.

7. Rival submissions have made it clear that the petitioners have questioned the legality of the impugned order and the criminal proceeding against them, whereas the OPNo.1 supports the impugned order as well as the criminal proceeding. A careful perusal of the complaint instituted by OPNo.1 against the petitioners unambiguously goes to disclose as to how the complainant had transferred a sum of Rs.6,97,000/- in favour