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RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the respective parties.
This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks quashing of First Information Report (FIR) bearing No. 776/2018 dated 25.07.2018 registered with Police Station, Jaripatka, Nagpur for the offence punishable under Section 420 of the Indian Penal Code, 1860, (IPC) as well as Charge-sheet No. 92/2020 dated 03.07.2020 and Regular Criminal Case No. 2944/2020 pending before the Judicial Magistrate, First Class, Nagpur.
The FIR indicates that on 12.05.2018, the complainant saw an advertisement on Instagram account of sale of JBL Speaker at Super Store India. When the complainant made an enquiry about said Speaker with the Super Store India, he received mobile number of the applicant. Accordingly, the complainant contacted the applicant over phone and on receiving information about the Speaker, ordered the same and paid the amount of Rs.1850/-through his PAYTM account. He was assured of the delivery of the said speaker within five days. However, even after five days of the payment, the complainant did not receive the speaker. The complainant tried to contact the applicant through phone calls as well as WhatApp messages, but he did not receive any response from the applicant. Therefore, on the basis of the report that he has been cheated by the applicant, the aforesaid offence came to be registered against the applicant.
Heard Mr. Anirudh Krishnan, learned counsel appearing for the applicant, Mr. Nikhil Joshi, learned Additional Public Prosecutor appearing for non-applicant no.1/State and Mr. Parth Naukarkar, learned counsel appearing for non-applicant no.2/ complainant.
Learned counsel appearing for the complainant tenders affidavit-in-reply of the complainant across the bar stating that the matter has been settled amicably between the applicant and the complainant. The affidavit-in-reply is taken on record and marked as “Exh.X” for identification.
The complainant has stated in the affidavit that the complainant and the applicant have arrived at a compromise and the matter has been settled between themselves. It is contended that the complainant does not want to continue with the criminal prosecution against the applicant and he has no objection if the FIR and the consequent proceedings lodged against the applicant are quashed.
The complainant is present in-person before the Court today. He is duly identified by his counsel. On an inquiry with the complainant, he has reiterated the facts stated in the affidavit.
It will be useful to refer to the decision in the case of Narinder Singh and others Vs. State of Punjab and another, reported in (2014) 6 SCC 466 wherein the Supreme Court has observed in para 29.4 as under :
“ 29.4 On the other hand, those criminal cases having overwhelmingly and pre-dominantly 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.
The present dispute appears to be of a private nature and a commercial one. That apart, it is not a heinous crime. It does not involve any issue affecting the society at large. Moreover, when the complainant does not want to prosecute the applicant for the alleged offence stating that they have settled the dispute out of the Court, continuation of the criminal proceedings would serve no fruitful purpose. Therefore, a case is made out for exercising inherent powers of the Court under Section 528 of the BNSS (old Sec.482 of Cr.P.C.) to secure the ends of justice and to prevent abuse of the process of the Court. Hence, the following order :
ORDER
The Criminal Application is allowed.
First Information Report bearing No. 776/2018 dated 25.07.2018 registered with Police Station, Jaripatka, Nagpur for the offence punishable under Section 420 of the Indian Penal Code, 1860, as well as Charge-sheet No. 92/2020 dated 03.07.2020 and Regular Criminal Case No. 2944/2020 pending before the Judicial Magistrate, First Class, Nagpur are quashed and set aside qua the applicants, subject to the applicant depositing costs of Rs.2,000/-(Rupees Two thousand only) in the “Public Welfare Account” maintained with the Union Bank of India, High Court Branch, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978, within two weeks from today.
The application stands disposed of in the above terms.