Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4807 of 2023 & CRLMC No. 690 of 2025
CRLMC No. 4807 of 2023
Mitashree Acharya and another …. Petitioner(s)
Mr. P. Dash, Advocate
-versus-
State of Odisha and another
… Opposite Party(s) Mr. S.N. Biswal, ASC
CRLMC No. 690 of 2025 Sarat Kumar Rout …. Petitioner(s)
Mr. Srinibash Padhi, Advocate
-versus-
State of Orissa and another
… Opposite Party(s) Mr. S.N. Biswal, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 18.02.2025
08. 1. Heard. 2. CRLMC No. 4807 of 2023 was heard on 29.08.2024 and the following order has been passed:-
4. Learned counsel for the petitioners submits that the dispute in this case is arising out of parking space. There is a case and counter case filed by the petitioners and opposite p. 2 party no.2 against each other. Therefore, he submits that there is a scope of settlement between the parties. 5. This matter could be settled between the parties through mediation. Therefore, the parties are relegated to the High Court of Orissa Mediation Centre, Cuttack. The Coordinator of the said Mediation Centre is directed to fix a date for exploring the possibilities of settlement and submit the mediation report to this Court by the next date. 3. Pursuant to the aforesaid order, the matters were sent to the High Court Mediation Centre. Both the parties have participated in the Mediation process and mediation report dated 05.11.2024 indicates that the mediation has been successful. The final mediation report dated 16.01.2025 enumerating the settlement terms has been placed on record by the parties, which reads as under:-
“Pursuant to the order of the Hon'ble High Court dtd.29.08.2024 the above CRLMC Case No.4807 of 2023 has been referred to the Orissa High Court, Mediation Centre. The mediation held on 03.10.2024, 26.10.2024, 18.11.2024, 10.12.2024, 07.01.2025 and today i.e. on 16.01.2025 in both single and joint sittings. Both the parties are present along with their respective counsels at Orissa High Court, Mediation Centre, Aain Seva Bhawan, Cuttack. I persuaded and generated several options to both parties about the process of mediation. The parties are agreed to settle the dispute amicably by dissolving the dispute for all times to come. Both the parties are agreed that they will not disturb each other in future and they will led their individual life peacefully without encroaching into the life of each other. Page 3 of 4
The husband of the Opposite Party No.2 namely Sarat Kumar Rout has filed one D-CRLMC No.l577 of 2025 for quashing of the criminal proceeding before this Hon'ble Court. Hence, I am submitting this report with my view that,
"The Mediation became Successful". Office of the Mediation Centre is requested to submit this Report before the Hon'ble Court for kind perusal.
Free copy of this order be provided to both the parties.”
On the basis of the aforementioned terms of settlement, the parties have stated that both the petition may be disposed of. The mediation report shall be form part of the record and shall be formed part of this order. 4. The petitioners in CRLMC No.4807 of 2023 have assailed the order dated 05.10.2023 passed by the learned ADCP-cum- Executive Magistrate, UPD, Cuttack and the entire criminal proceedings against them in connection with Chauliaganj P.S. Case No. 253 of 2023 corresponding to Criminal Misc. Case No.1084 of 2023, whereby proceeding under Section 107 Cr.P.C. has been initiated by the opposite parties. In pursuance of the proceeding initiated by the opposite parties under Section 107 Cr.P.C., the petitioners have been directed to appear and execute a bond of Rs.5000/- each with one surety for the like amount. Page 4 of 4
5. So far as CRLMC No. 690 of 2025 is concerned, the petitioner in the said case has assailed the entire criminal prosecution initiated against him by the opposite parties relating to Chauliaganj P.S. Case No. 254 of 2023 corresponding to G.R. Case No.1101 of 2023, pending in the court of learned JMFC-IV, Cuttack. 6. Since both the petitions are emanating from cross cases initiated by the parties and they have now entered into a settlement through the mediation process and the mediation report is placed on record by the parties, the parties are bound to comply the settlement terms of the mediation report. Accordingly they are bound by the same and both the parties shall comply with their part of obligation flowing from the mediation terms. 7. In the light of the mediation report dated 16.01.2025 place on record by the High Court Mediation cernte, both the CRLMCs are disposed of. (S.S. Mishra)
Judge
Ashok MOHAPATRA