Orissa HC quashes Criminal Proceedings against Upasna Mohapatra

TNI Bureau: In a major relief for Bharatiya Janata Party (BJP) leader Upasna Mohapatra, the Orissa High Court has quashed the Criminal Proceedings against her.

Notably, Mohapatra along with 30 others was booked in an F.I.R. in Nayapalli P.S. on March 17, 2021 on charges of allegedly assaulting a tenant, ransacking the house and looting cash and valuables in IRC Village area of the State Capital City.

However, the High Court quashed the criminal proceedings against Mohapatra on January 28, 2022 after the opposite party filed a petition saying that there is no further dispute between the parties and the matter has been settled amicably by them.

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“An affidavit has been filed being sworn by the opposite party no.2-the informant. A reading of the affidavit reveals that there is no further dispute between the parties and the matter has been settled by the family members as well as the well wishers of both the parties. They have agreed to live peacefully without any further disturbances. It is also mentioned in the affidavit that as the matter has been amicably settled between the parties, the opposite party No.2 will have no objection if the proceeding initiated against the petitioners is quashed. On being asked, the informant being present in the Court fully supported the contents of the affidavit and asserted that he had no objection to settlement,” read the High Court order.

“On the above basis, it is submitted that the proceeding had been initiated due to misunderstanding, but has been resolved amicably and as the concerned parties do not wish to continue with it, the same may be quashed. Considering the submissions as noted above and the affidavit filed by the Opposite Party No.2-informant, it is evidence that the dispute between the parties has been amicably settled and moreover, the parties have been residing peacefully,” it added.

The Court order further said, “Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the petitioners especially when the chance of their conviction in the said case is bleak. This Court is therefore, inclined to allow the prayer of the petitioners. The proceedings in C.T. Case 1632 of 2021 arising out of Nayapalli P.S.Case No.145 of 2021 pending in the court of learned S.D.J.M., Bhubaneswar under Sections 450/395//120-B of the Indian Penal Code and all consequential criminal proceedings are hereby quashed.”

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