Orissa High Court
Chakradhar Ghadei & vs State Of Odisha & Another .... Opp. ... on 16 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.318 of 2023
Chakradhar Ghadei & .... Petitioners
others Mr. Amitav
Tripathy,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.S.J.Mohanty,
ASC & Mr.
Akash Bhuyan,
Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 16.04.2025
02.
1.
Heard.
2. At the instance of the opposite party No.2, the
F.I.R. in connection with Badambadi P.S. Case No.360
of 2022 corresponding to G.R. Case No.1591 of 2022
came to be registered against the petitioners for the
alleged commission of offences punishable under
Sections 341/323/420/406/506/34 of the IPC,
pending in the Court of learned J.M.F.C. (City),
Cuttack.
3. The opposite party No.2 reported at P.S. alleging
therein that, the petitioners issued three cheques for
Rs.60 lakhs on 18.12.2018 for copyright distribution
agreement for the movie AJAB SANJU KA GAJAB
LOVE which was produced by the complainant. When
the said three cheques were deposited at the Bank, the
same were dishonoured, as the signature did not
match and when the complainant brought the matter
to the notice of the petitioner No.1, he paid no heed to
it. Later he gave three new cheques of Axis Bank,
Cuttack. When the complainant deposited the said
cheques in the bank, the said cheques has also been
bounced, as there was low balance. Hence, the F.I.R.
4. In regard to the allegation made in the F.I.R., there
were three cases under Sections 138 of the N.I. Act
being ICC Case No.1655 of 2019, ICC Case No.2498 of
2019 and ICC Case No.2417 of 2019, which had
already been initiated by the opposite party No.2
against the petitioners. The petitioners and the
opposite party No.2 have arrived at a composite
settlement. The composite settlement has been
reduced in writing by way of the deed of settlement /
deed of compromise dated 21.12.2022, which has been
filed as Annexure-2 to this petition.
5. The terms of settlement has already been
enumerated which reads as under:
"4. That, the FIRST PARTY (Smt. Soubhagyalaxmi
Jena, Sai Sradha Tele Production Pvt. Ltd) and her
husband shall immediately cooperate to withdraw
the aforesaid I.C.C. Cases pending before the
learned J.M.F.C, Bhubaneswar, as I.C.C. Case
No.1655 of 2019, I.C.C. Case No.2498 of 2019, and
I.C.C. Case No.2497 of 2019 and take steps for filing
of withdrawal / compromise petition before the
appropriate Learned Trial Courts in connection with
the Badambadi PS Case No.360 dated 25.11.2022,
corresponding to G.R. Case No.1591 of 2022 as soon
as possible and cooperate on each occasions in the
Court/ Court's proceeding for immediate release of
Chakradhar Ghadei from Jail Custody, who is
arrested by Badambadi Police on a case foisted by
the FIRST PART members for recovering the cheque
amounts involved in the cheque bounce cases, which
are subjudiced before the learned J.M.F.C.,
Bhubaneswar, and to act in terms of performance of
this agreement.
5. That, No further dues/reliefs/amounts shall be
claimed by either of the parties in connection with
the present subject matter of the I.C.C. Case
No.1655 of 2019, I.C.C. Case No.2498 of 2019 and
I.C.C. Case No. 2497 of 2019, instituted in the Court
of the learned J.M.F.C, Bhubaneswar and the
Criminal Case vide G.R. Case No.1591 of 2022,
pending in the court of learned J.M.F.C, (City),
Cuttack after performance of the terms of this
agreement.
6. That, the SECOND PARTY shall also withdraw
the CRLMC No. 3051 of 2022, CRLMC No. 3052 of
2022 and CRLMC No. 3053 of 2022, which are filed
against the FIRST PART members before the Hon'ble
High Court of Orissa as per the performance of the
terms of this Agreement."
6. In pursuance to the aforementioned settlement
terms, CRLMC No.3052 of 2022 and CRLMC No.3053
of 2022 have been listed before this Court today along
with the present matter, which have been agreed to be
withdrawn.
7. The petitioner No.1 is present before this Court
today whereas the other two petitioners are not
present in the Court today. On behalf of the petitioner
Nos.2 & 3, an application for exemption from personal
appearance in the Court has been filed before this
Court. For the reasons stated in the application, the
same is allowed.
8. The petitioner No.1 is represented by his counsel
Mr. Amitav Tripathy and being identified by him. He
has also filed the photocopy of his self-attested
Aadhaar Card to establish his identity, which has been
taken on record.
9. The opposite party No.2 is also not present in the
Court today. Mr. Akash Bhuyan, Advocate appears on
her behalf and filed vakalatnama. He submits that he
has no objection to the petition.
10. Since the parties have already settled their
dispute and the disputed amount has already been
paid to the opposite party No.2, which has been
endorsed by the learned counsel appearing on her
behalf, the petition deserves merit.
11. Mr. Mohanty, learned Additional Standing Counsel
appearing for the opposite party No.1-State submits
that Since the parties have already settled their
dispute and the disputed amount has already been
paid to the opposite party No.2, which has been
endorsed by the learned counsel appearing on her
behalf, there is no legal impediment in quashing the
present F.I.R.
12. Regard being had to the fact that the parties have
settled their dispute and they have also filed the deed
of settlement, I am inclined to allow the present
petition. In the fact scenario of the present case,
subjecting the petitioners to the rigors of trial is
destined to be a futile exercise. The present case is
squarely covered by the judgments of the Hon'ble
Supreme Court in the cases of Gian Singh v. State of
Punjab and another, reported in 2012 (10) SCC 303;
B.S. Joshi & others v. State of Haryana &
another, reported in (2003) 4 SCC 675 and
Madhavrao Jiwajirao Scindia & another v.
Sambhajirao Chandrojirao Angre and others,
reported in AIR 1988 SC 709, therefore, the petition
deserves merit.
13. Taking into consideration the aforementioned
judgments, the facts of the case and submissions
made at the Bar, the F.I.R. in connection with
Badambadi P.S. Case No.360 of 2022 corresponding to
G.R. Case No.1591 of 2022 pending in the Court of
learned J.M.F.C. (City), Cuttack and the consequential
proceedings arising therefrom qua the petitioners are
quashed.
14. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 17-Apr-2025 11:03:31
