4th July, 2025
I.A. No. 1428 of 2023
SASHIKANTA MISHRA, J.
This is an application filed by M/S Wellshown Retail
LLP represented through its ‘Admin’ Satish Jha for recall of
the order dated 03.04.2023 passed in the above case. The
original application under Section 482 of the CR.P.C., was
filed by Manoj Kumar Dash and Pintu @ Golak Bihari Dixit
with prayer to quash the proceedings in C.T. Case No. 5993
of 2021 of the Court of learned SDJM, Bhubaneswar
corresponding to Capital P.S. Case No. 687 dated 29.10.2021
for the alleged commission of offence under Sections 420/
427/ 294/328/ 380/506/34 of IPC. Several grounds were
urged to persuade this Court to exercise its power under
Section 482 of Cr.P.C. to quash the proceeding. It would be
apt to mention that the aforesaid case was initiated on the
basis of FIR lodged by one Ashis Tiberwal who was arrayed as
Opposite Party No. 2 in the CRLMC. During pendency of the
case, a joint affidavit for compromise was filed by both
parties stating that they have settled their dispute amicably
and mutually and do not want to proceed further in the case.
A deed of compromise signed by both parties was filed
enclosing the terms of such compromise. This Court heard
the petitioners and the Opposite Party No. 2 in person and
being satisfied that no fruitful purpose would be served by
allowing continuance of the criminal proceeding, allowed the
prayer of the petitioners by quashing the FIR in the
aforementioned case. Such order was passed on 03.04.2023.
On 21.04.2023, the present I.A. was filed seeking recall of
order dated 03.04.2023 on the ground that Opposite Party
No.2 was never authorised by the complainant to act on its
behalf as he had been terminated from service. He was also
never authorised to compromise the dispute but acting
behind the back of the company, he in connivance of the
accused persons, managed to obtain the order of quashment
of the FIR in question.