IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3960 of 2024 S. Enkateshu Reddy …. Petitioner Mr. B. Mishra, Advocate -versus-

State of Odisha & another …. Opp. Parties Mr. Udit Ranjan Jena, AGA and Mr. S.K. Jena, Advocate CORAM:

JUSTICE SIBO SANKAR MISHRA Order ORDER No. 10.01.2025

02.

1. Heard.

2. At the instance of the opposite party No.2, the F.I.R. in connection with Gopalpur P.S. Case No.256 of 2024 corresponding to G.R. Case No.259 of 2024 came to be registered against the petitioner for the alleged commission of offences punishable under Sections 294/323/341/420/34 of the IPC, pending in the Court of learned J.M.F.C.(R), Berhampur District-

Ganjam.

3. The allegation against the petitioner is that, on 26.09.2024, the complainant reported at Gopal P.S. alleging therein that, he and his family members sold a land, which stands in the name of his father. One mediator, who is his related brother-in-law (the present petitioner) was paid Rs.12,00,000/- in presence of the local gentlemen. When the complainant asked about the money, the petitioner threatened the complainant, abused him and scolded him. Hence, the F.I.R.

4. The investigation in the present case is still going on. At this stage, the parties have settled their dispute. The petitioner has refunded Rs.12,00,000/-, which has been taken by him as a mediator for sale and purchase of the land to the complainant.

5. The parties have filed a joint affidavit dated 10.01.2025 before this Court, inter alia, stating as under:

“2. That the petitioner/First party has filed the aforesaid application invoking jurisdiction of this Hon’ble Court U/s- 482 Cr.P.C. to quash the F.I.R. and entire Criminal proceedings arising out of G.R. Case No.259 of 2024 corresponding to Gopalpur P.S. Case No.256 of 2024 of offences U/Ss. 294/323/341/420/34 of the IPC pending in the Court of the learned JMFC (Rural), Berhampur, District- Ganjam, on the ground of compromise between the parties and/or mutual settlement among the parties with their free will and consent.

3. That the FIR was lodged on 26.09.2024 by the informant against the petitioner alleging therein that on dated 19.04.2024 the informant and his other family members unanimously including his sisters sold the parental immovable property (Land)

recorded in the name of his father (R. Sadhu Reddy) and it is alleged that the petitioner was the mediator of such sale and purchase of the land, accordingly the petitioner received a sum total of Rs.12,00,000/- (Twelve Lakhs Rupees) from the informant, sister of the informant and other relatives and when the informant repeatedly asked the petitioner for return of such alleged amount he did not paid any heed on it and told to pay after few days. That again when the informant asked for refund of the money the petitioner abused the informant in filthy languages and gave a slap and kick to him as a result of which the informant got scared and lodged this written F.I.R. before the Gopalpur Police Station and after investigation the petitioner was released on 41 A notice. In the present scenario the informant and the petitioner has decided to settle the matter amicably between them, in the meantime the entire amount has been refunded by the petitioner and there is no dispute between them and the petitioner is the related brother-in-law of the informant, they all are living peacefully and having good relationship. After this settlement the informant has no complaint against the present petitioner. So both the parties want to quash the proceeding on the ground of compromise between them.

4. That it is further submitted that both the parties to the present proceedings have mutually settled the case among them and no issue is left against the present petitioner and the entire amount has been refunded, with their sweet will and free consent having understood all these facts both are filing this joint affidavit of compromise and/or settlement to quash the proceedings against the present petitioner.

5. That it is humbly s