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Judgment
Heard learned Counsel for the applicant in both the applications.
Learned APP waives service of notice on behalf of non-applicant No.1-State in both the applications. Advocate Mr. Rizwan Khan appears for non-applicant No.2 and waives service of notice on behalf of non-applicant No.2 in both the applications.
The present matter arises out of commercial transactions and the applicant in both the application is same, therefore, both the applications are disposed by this common order.
The applicant has filed each application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), for quashing of First Information Report (for short, “FIR”) bearing Crime No.1042 of 2022 dated 19.11.2022 and Crime No.1046 of 2022 dated 21.11.2022, both registered with Police Station Arni, Dist. Yavatmal and consequential charge-sheet in R.C.C. No.25 of 2024 and R.C.C. No.22 of 2024, pending before Joint Civil Judge Junior Division and Judicial Magistrate First Class, Arni, for the offences punishable under Sections 403, 406, 419, 420, 465, 468, 471, 504 and 506 of the Indian Penal Code, 1860 (for short, “IPC”).
The brief facts of the case are as follows :
Non-applicant No.2 in each application had received compensation amount for the acquisition of their respective lands in the acquisition proceedings, wherein their lands were acquired by the Government. The applicant and his father, who were engaged in the investment business, convinced non-applicant No.2 in each application to invest the compensation amount with them.
Thereby, the applicant and his father assured non-applicant No.2 in each application that on investing the amount, they will receive a post dated cheque of the amount invested and they will be eligible for a monthly interest on their investment. Therefore, non-applicant No.2 in each application invested an amount of Rs.7 Lakhs and Rs.4 Lakhs, respectively, on assurance of the applicant and his father.
Thereafter, the father of applicant i.e. Subhash Rathi died. Later on, non-applicant No.2 in each application asked the applicant regarding their investments, to which the applicant gave them cheque of Rs.7 Lakhs and Rs.4 Lakhs, respectively. However, the said cheques were dishonoured. Thereafter, in spite of various requests, the applicant failed to pay the amount to non-applicant No.2 in each application. Therefore, non-applicant No.2 in each application lodged the complaint against the applicant and resultantly, the aforesaid offences came to be registered against the applicant.
Now, non-applicant No.2 in each application have tendered across the Bar an affidavit, which is taken on record and marked as ‘X’ and ‘X1’, for identification. Non-applicant No.2 in each application have contended in their respective affidavits that the matter is amicably settled between the parties and on account of the settlement, they have received demand draft of Rs.4 Lakhs each. It is further contended in both the affidavits that since they have received the amount, therefore, they do not want to prosecute the applicant. They have no objection if the FIR and charge-sheet in both the applications are quashed and set-aside against the applicant.
Non-applicant No.2 in both the applications are physically present before this Court. They are duly identified by their learned Counsel. On inquiry, non-application No.2 in each application have reiterated the contents in the affidavit and stated that they have no objection if the FIR and the charge-sheet are quashed and set-aside against the applicant in both the applications.
A reference can be made to the case of Narinder Singh and Others Vs. State of Punjab and Another, [(2014) 6 SCC 466], wherein the Supreme Court has observed as under :
“29.2.When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure :
(i)ends of justice, or
(ii)to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
…..
29.4.On the other hand, those criminal cases having overwhelmingly and predominatly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
29.5.While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”
The present dispute is arising out of a commercial transaction. The applicant and non-applicant No.2 in each application are residents of same village and they have amicably settled their dispute to maintain harmony and peaceful relations between themselves. Thus, the possibility of prosecution culminating into conviction is bleak and remote. Therefore, the applications deserve to be allowed. Considering the above aspects, a case is made out for exercising inherent powers of this Court under Section 528 of the BNSS to quash the FIR and the subsequent charge-sheet in each application. Hence, the following order is passed.
ORDER
The applications are allowed.
ii) The First Information Report bearing Crime No.1042 of 2022 dated 19.11.2022 and Crime No.1046 of 2022 dated 21.11.2022, both registered with Police Station Arni, Dist. Yavatmal and the consequent charge-sheet in R.C.C. No.25 of 2024 and R.C.C. No.22 of 2024, pending before Joint Civil Judge Junior Division and Judicial Magistrate First Class, Arni, for the offences punishable under Sections 403, 406, 419, 420, 465, 468, 471, 504 and 506 of the Indian Penal Code, 1860 stands quashed and set-aside qua the applicant in both the applications, subject to depositing of costs of Rs.2,000/- (Rupees Two Thousand Only) in “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No. 129712010001014 and IFSC Code UBIN0812978 by the applicant in each application.
iii) Pending applications, if any, stand disposed of.