PRASANTA KUMAR PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed with a prayer to quash the proceedings of C.T. Case No.4110 of 2020 pending before the learned SDJM, Bhubaneswar, which arises out of Badagada P.S. Case No.272 of 2020 under Sections 420, 406, 465, 468/34 IPC and all proceedings consequent thereto.

(2.) The allegations in the FIR are summarised herein below:

(3.) The learned counsel for the petitioners earnestly contended that the allegations in the FIR are false and have been lodged with an ulterior motive to harass and humiliate the petitioners. It was submitted that the opposite party No.2 had failed to pay the land owner, in the first instance, thereby necessitating the filing of C.S. No.1831 of 2016 by the land owner. In the compromise arrived at, as a result of the Civil Suit above-mentioned, it is alleged that the opposite party No.2 had requested that the amount invested by her be refunded back by the said owner. Further, the learned counsel for the petitioners submits that the opposite party No.2 filed C.S. No.1097 of 2020 on 17.07.2020 which is pending for adjudication before the Civil Judge (Senior Division), Bhubaneswar, claiming her share of the net profit earned by the present petitioners. It is after the institution of that suit, did the opposite party No.2 file the impugned F.I.R. as a tool of harassment which is nothing but an attempt to clothe a civil dispute as a criminal dispute.