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Judgment
Heard learned counsel for the applicant.
Learned APP waives service of notice on behalf of non-applicant No.1-State. Advocate Mr. Rizwan Khan appears and waives service of notice for non-applicant No.2.
The applicant has filed this 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.1044 of 2022 dated 20.11.2022 registered with Police Station Arni, Dist. Yavatmal and consequential charge-sheet in R.C.C. No.23 of 2024 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 had received compensation amount from the Government in the acquisition proceedings of his land. The applicant and his father, who were engaged in the business of investment solutions, convinced non-applicant No.2 to invest the compensation amount with them.
Thereby, the applicant and his father assured non-applicant No.2 that on investing the amount, he will receive a post dated cheque of the amount invested and he will be eligible for monthly interest on their investment. Therefore, non-applicant No.2 invested an amount of ₹10 Lakhs on assurance of the applicant and his father.
Thereafter, the father of the applicant i.e. Subhash Rathi passed away. Later on, non-applicant No.2 asked the applicant regarding his investment. The applicant gave him three cheques of total ₹10 Lakhs. However, the said cheques dishonoured. Thereafter, in spite of various requests, the applicant failed to pay the amount to non-applicant No.2. Therefore, non-applicant No.2 lodged a complaint against the applicant and resultantly, the aforesaid offences came to be registered against the applicant.
Non-applicant No.2 is physically present before this Court. He has been duly identified by his counsel. He has tendered across the Bar an affidavit, which is taken on record and marked as ‘X’ for identification. Non-applicant No.2 has contended in his affidavit that the matter has been amicably settled between the parties. On account of the settlement, he has received a Demand Draft of ₹4 Lakhs. On enquiry, non-application No.2 has reiterated the contents in the affidavit. It is further contended in affidavit that since he has received the amount, therefore, he does not want to prosecute the applicant. He has no objection if the FIR and charge-sheet are quashed and set-aside against the applicant.
A reference can be made to the decision in 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 are residents of the same village and they have amicably settled their dispute to maintain harmony and peace between themselves. Thus, the possibility of the prosecution culminating into conviction is bleak. Therefore, the application deserve to be allowed.
Considering the aspects mentioned above, a case is made out for exercising the inherent powers of this Court under Section 528 of the BNSS to quash the FIR and the subsequent charge-sheet. Hence, the following order is passed.
ORDER
The application is allowed.
ii) The First Information Report bearing Crime No.1044 of 2022 dated 20.11.2022 registered with Police Station Arni, Dist. Yavatmal and consequential charge-sheet in R.C.C. No.23 of 2024 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, subject to depositing costs of ₹2,000/- (Rupees Two Thousand Only) to “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No. 129712010001014 and IFSC Code UBIN0812978 by the applicant within a period of two weeks from the date of this order.
iii) Pending applications, if any, stand disposed of.