[Cites 5, Cited by 0]
Orissa High Court
Sarfaraz Khan vs State Of Orissa on 18 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 5379 of 2025
Application under Section 482 of the Code of Criminal Procedure,
read with Section 528 of the Bharatiya Nagarika Suraksha Sanhita
(BNSS), 2023.
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1. Sarfaraz Khan
2. Noor Alam Khan
3. Subhasish Pradhan ..... Petitioners
-versus-
1. State of Orissa
2. Pabitra Kumar Mohapatra ..... Opposite Parties
For Petitioners : Mr. Mr. Akshaya Kumar
Subudhi, Advocate
For Opp. Parties : Mr. S.N. Biswal, ASC
Mr. Gyana Ranjan Dhal,
Advocate (For Informant)
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CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
JUDGMENT
18.12.2025
Savitri Ratho, J. In the case of M/s. Patil Automation Private Limited vs.
Rakheja Engineers Private Limited: 2022 (10) SCC 1, the
Supreme Court had held as follows:
"74. Mediation can become a potent alternate
dispute resolution device. There are, however, a
few indispensable requirements. The first
requirement is the existence of adequate
infrastructural facilities and, what is more
important, availability of trained and skilled
Mediators. The role of the Mediator, as per Rule
(5) of the Rules, is to facilitate the voluntary
resolution of a commercial dispute and assist the
parties in this regard. How can a Mediator, who
is not properly trained, fulfil his responsibility
under Rule (5)? Another area of concern is the
availability in the number of Mediators in the
country, particularly, in the light of lowering of
the monetary valuation from Rs. 1 crore to Rs. 3
lakhs. It is all well to pass a law with sublime
objects as in this case. However, the goal will not
be realised unless the State Governments and all
other relevant Authorities bestow their attention
in the matter of providing adequate facilities.
Knowledge of the laws, which are the subject
matter of the suits under the Act, is indispensable
for a Mediator to effectively discharge his duties.
His role is supreme and it is largely shaped by his
own knowledge of the law that governs
commercial cases. There must be training by
Experts, including at the State Judicial
Academies. This must be undertaken on a regular
and urgent basis, particularly keeping in mind
when there is a dearth of trained mediators. There
is a need to have a dedicated bar for mediation.
The effective participation of the bar which must
be adequately remunerated for its service will
assist in mediation evolving. The concerned High
Court may also undertake periodic exercise to
establish a panel of trained mediators in District
and Taluka levels as per need."
2. This CRLMC has been filed for quashing the F.I.R. and
proceedings relating to Laxmisagar P.S. Case No. 567 of 2024
corresponding to C.T. Case No. 1218 of 2024 pending in the court
of the learned J.M.F.C.-IV, Bhubaneswar which had been
registered for commission of offences punishable under Sections
420, 294 and 506 of IPC against the present petitioners and one
Mallik Kamaruddin and Sekh Arman.
3. The petitioners had approached this Court in ABLAPL No.
12011 of 2024 and by order dated 05.11.2024, this Court had
granted them interim protection and referred the matter for
mediation. Thereafter, on 15.09.2025, ABLAPL has been disposed
of observing that since the matter has been settled through
mediation, the petitioners had been directed to be released on bail
on surrender in the court below.
4. On 16.12.2024, the mediator has given a report stating that
the mediation was successful and the petitioners had agreed to pay
Rs.18,00,000/- to the opposite party-informant by 10th January,
2025 and necessary steps for quashing of the F.I.R. would be taken.
Copy of the report has been annexed to this petition as Annexure-3.
5. Mr. Subudhi, learned counsel for the petitioners submits that
pursuant to such mediation report, an agreement was entered into
between the parties on 21st January, 2025 and the petitioners have
cleared the amount of Rs.18,00,000/-. As the matter has been
settled between the parties, no useful purpose will be served by
keeping the case pending and the same may be quashed.
6. Mr. Gyana Ranjan Dhal, learned counsel submits that he has
instruction to appear on behalf of Mr. Pabitra Kumar Mohapatra,
opposite party no.2-informant in this case. He files Vakalatnama in
Court today on behalf of Mr. Pabitra Kumar Mohapatra-oppsoite
party no.2-informant which is taken on record.
7. Mr. Gyana Ranjan Dhal, learned counsel for the informant
submits that the parties had appeared in the mediation centre in the
mediation proceeding and the matter was amicably settled and the
informant has got back his money for which he does not want to
proceed with the matter.
8. Joint affidavit of the petitioners and opposite party no.2
(informant) is taken on record. Copy of the affidavit is served on
Mr. S.N. Biswal, learned Additional Standing Counsel appearing
on behalf of opposite party no.1.
9. Heard the learned counsel for the parties, perused the FIR ,
the mediation report dated 16.12.2024 and the joint affidavit of
the parties.
10. This is a case where settlement of the dispute between the
parties has been possible on account of the availability of
infrastructure for mediation in the State, availability of a trained
mediator for mediating between the parties and willingness of the
parties on the advice of their counsel for settlement of the matter
through mediation leading to a win -win situation for all
concerned. The informant has got back his money, the accused
persons do not have to face criminal proceedings and valuable time
of the court has been saved.
11. Considering the submissions of the learned counsel for the
parties, the mediation report and the joint affidavit, the F.I.R. and
proceedings relating to Laxmisagar P.S. Case No. 567 of 2024
corresponding to C.T. Case No. 1218 of 2024 pending in the court
of the learned J.M.F.C.-IV, Bhubaneswar are quashed.
12. The CRLMC is disposed of accordingly.
13. Urgent certified copy of this order be granted on proper
application.
14. Copy of this order be sent to the court of the learned
J.M.F.C.-IV, Bhubaneswar.
...........................
(Savitri Ratho)
Judge
Orissa High Court, Cuttack.
The 18th December, 2025/puspa
Signed by: PUSPANJALI MOHAPATRA
