IMPORTANT POINT
The court can quash criminal proceedings under Section 482 of the Cr.P.C. for disputes of civil character arising from business transactions, especially when settled amicably.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. P. Bate, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State.

2. By filing this petition under Section 482 of the Code of Criminal Procedure, 1973 jointly, the petitioners have prayed for quashing of the criminal proceedings of G.R. Case No. 33/2021, under Sections 468/471/120(B)/420 of the IPC, 1860 on the basis of the settlement arrived at between the petitioners.

3. The case, in brief, is that the petitioner No. 1 being the proprietor of M/s Baby Enterprise, who had been initially authorized the petitioners No. 2 and 3 to bid for a tender on his behalf with a condition whoever succeeds to execute the work on behalf of M/s Baby Enterprise in respect of construction of approached road from BRTF road to Tayang under SADA 2018-19 under PWD Sangram Division, Kurung Kumey District for an amount of Rs.96,08,200/-(Rupees Ninety six lakhs eight thousand two hundred). The petitioner No. 3 had asked for sharing of the said construction work from the petitioner No. 2, but the petitioner No. 2 has denied. However, the petitioner No. 3 also started the work on the same stretch of road and after completion of the work, the payment was released against the petitioner No. 1’s firm i.e. M/s Baby Enterprise. The dispute started with regard to the payment in between the petitioner No. 2 and the petitioner No. 3, whereby the petitioner No. 1 had issued a Cheque to both of them. However, the Cheque was dishonored due to insufficient fund.

4. The petitioners No. 3 and 4 have lodged two FIRs against the petitioner No. 1 and 2 on 14.08.2021 and 18.08.2021, alleging that Shri Pani Tapo, Shri Bengia Pacha and the Executive Magistrate, Doimukh have jointly committed an offences punishable under sections 468/471/120(B)/420 of IPC. It further alleged that the petitioners No. 1 and 2 have made illegal transaction by using forged documents with regard to the payment of the bills.

5. The aforesaid two FIRs dated 14.08.2021 and 18.08.2021, are quoted herein-below:

To,

The Officer-in-Charge,

Police Station, Kolorinag,

Kurung Kumey District, Arunachal Pradesh.

Sub: FIR against Shri Pani Tapo, Shri Bengia Pacha and others punishable under section 468/471/120(B)/420 of IPC for the commission of offences

Sir,

With due respect I am to inform you that Shri Pani Tapo is the proprietor of M/s Baby Enterprise who won a tender for construction of Approach Road from BRTF Road to Tayang under the scheme SADA 2018-19 in the PWD Department. Thereafter, he has authorized me by authority letter dated 16.01.2020 (copy enclosed) and directed me to complete the remaining work of the aforesaid project and accordingly, I procured the raw materials and completed the work by putting men power, machineries and financial resources. Upon completion of the work, the PWD department has issued a cheque bearing No. 01565014 dated 24.02.2020 for the amount of Rs.67,33,000/- (Rupees sixty seven lakhs thirty three thousand) only against Pani Tapo's firm M/s Baby Enterprises. Thereafter, Shri Pani Tapo has issued a cheque to me vide cheque No. 291543 dated 24.03.2020 for an amount of Rs.59,25,000/- (Rupees fifty nine lakhs twenty five thousand) only against my firm M/s Kiya Enterprises. However, when the said cheque was deposited for encashment, it got bounced for the reason that there is insufficient fund and payment stopped by the drawee.

Now, Shri Pani Tapo is claiming that he has made the payment to Shri Bengia Pacha as, he had authorized Shri Bengia Pacha to execute the work. In this regard, Shri Bengia Pacha has produced one Power of Attorney shown to have executed before the Executive Magistrate, Doimukh on 01.03.2019. However, when I enquired the records in the office of Executive Magistrate Doimukh, to ascertain whether on 01.03.2019, the alleged Power of Attorney was executed and registered, I found that the register book wherein registration of deeds/instrument are recorded is being manipulated (c