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Judgment
Learned Counsel for the applicant submits that the chargesheet has been filed in this matter. On oral motion of the learned Counsel for the applicant, permission to amend the application is granted. Amendment to be carried out forthwith.
Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
The applicant seeks quashing of the First Information Report (FIR) No.396/2024, dated 26.06.2024, registered with Police Station, Tahsil Nagpur City for the offences punishable under Sections 420 and 406 of the Indian Penal Code, 1860 (for short the “IPC”) and consequent chargesheet registered as Regular Criminal Case No.1521/2025, pending before learned 17th Joint Civil Judge and Additional Chief Judicial Magistrate, Nagpur.
The FIR indicates that the applicant and non-applicant No.2/complainant are known to each other. In February 2023, the applicant approached non-applicant No.2 and requested him for gold which he would mortgage in the bank to improve his CIBIL score. Therefore, on the request of the applicant, non-applicant No.2 provided his as well as his relatives gold ornaments to the applicant. Later on, non-applicant No.2 came to know that the applicant had mortgaged his gold ornaments with Issaf Small Finance Bank, Old Pardi Naka Branch, Pardi, Nagpur by mixing some other fake gold in those gold ornaments. Therefore, the bank lodged a complaint against the applicant with Police Station, Kalmana, Nagpur. In view thereof, non-applicant No.2 filed a complaint against the applicant whereby the aforesaid offences came to be registered against him.
Non-applicant No.2 has suo moto appeared through his counsel and has tendered across the bar an affidavit, which is taken on record and marked as ‘X’ for identification. He is duly identified by his counsel. In the affidavit, non-applicant No.2 has contended that the matter has been settled between the parties. Now, he does not want to prosecute the applicant and has no objection if the FIR and the consequent chargesheet are quashed and set aside.
The dispute is a private in nature. The applicant took gold ornaments from non-applicant No.2 for mortgaging the same in the bank for improving his CIBIL score. Now, the matter has been settled between the parties out of court in order to maintain cordial relations and keeping harmony between them. Since, the matter has been settled between the parties, the chances of conviction are bleak and therefore, continuation of proceedings will be nothing but a futile exercise.
In view of the above, a case is made out for exercising the inherent powers of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the FIR and consequent proceedings. Accordingly, I proceed to pass the following order :
The Criminal Application is allowed.
FIR (FIR) No.396/2024, dated 26.06.2024, registered with Police Station, Tahsil Nagpur City for the offences punishable under Sections 420 and 406 of the Indian Penal Code, 1860 and consequent chargesheet registered as Regular Criminal Case No.1521/2025, pending before learned 17th Joint Civil Judge and Additional Chief Judicial Magistrate, Nagpur, against the applicant are hereby quashed and set aside.
The applicant shall deposit costs of Rs.5,000/- (Rs. Five thousand only) to the account of “Public Welfare Fund” in Union Bank of India, High Court Branch, Nagpur having account No.129712010001014 and IFSC Code UBIN0812978, within a period of two weeks from the date of this order.
The criminal application is disposed of. Rule is made absolute.