IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 12^th OF FEBRUARY, 2026 MISC. CRIMINAL CASE No.29980 of 2024 YAHYA KHAN AND ANOTHER Versus THE STATE OF MADHYA PRADESH AND ANOTHER Appearance:

Shri Shadab Khan, Advocate for the petitioners.

Shri Ayushyaman Choudhary, Govt. Advocate for the respondent No.1/State.

Shri Prakash Chandra Shrivas, Advocate for the respondent No.2.

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ORDER

1. This petition under Section 482 of the Code of Criminal Procedure is filed for quashing of FIR registered at Crime No.341 of 2024 dated 20.03.2024 at Police Station – Station Road, Ratlam, District Ratlam for the offence punishable under Section 406 of Indian Penal Code and all other subsequent proceedings.

2. The exposition of the facts giving rise to the present petition, in brief, is as under :

(A) Narendra Kumar Dabariya filed a written complaint before the Judicial Magistrate First Class, Ratlam inter alia stating that accused Ashish Danial and his wife Nilima Danial, proprietor of M/s. A.D. Enterprises are involved in development of colonies. Accused No.3 –

Chandraprakash Bhandari, accused No.4 - Yahya Khan Shairani and accused No.5 - Arif Behlim work for M/s. A.L.A.S. Real Estate and Developers Private Ltd. for construction of road, drainage, water line, chamber, over head tank, sumpwell, garden electricity line, ACP, CC gate, Paver Block etc. in the colony developed by M/s. A.D. Enterprises. The complainant entered into a partnership and profit share agreement with accused No.1 Ashish Danial for development of 'Royal Residency Colony'. M/s. A.L.A.S Real Estate and Developers Private Ltd. was involved for development of the colony. Accused No.1 induced the complainant to deposit Rs.30.00 Lacs as security deposit with M/s. A.L.A.S. Real Estate and Developers Private Ltd. and assured that on completion of the development of colony and handing over to the Municipal Corporation, the security amount would be returned to the complainant. The complainant paid the amount of Rs.30.00 Lacs on 29.02.2016 through the account of his wife Kavita Dabariya in Canara Bank, Branch Ratlam(M.P.) into account of M/s. A.L.A.S. Real Estate and Developers Private Ltd.. Accused No.1 - Ashish Danial and accused No.2 - Nilima Danial had paid the amounts to M/s. A.L.A.S. Real Estate and Developers Private Ltd. towards construction works under the colony, but no payment was made to the complainant. In furtherance of the agreement, on completition of the construction work of Royal Residency Colony, it was handed over to the Municipal Corporation. The accsued No.1 - Ashish Danial and accused No.2 - Nilima Danial did not pay profit share in furtherance of partnership agreement. Rather, abused the complainant in filthy language. M/s. A.L.A.S. Real Estate and Developers Private Ltd. did not return the security deposit of Rs.30.00 Lacs to the complainant. Chandraprakash Bhandari, the present Director of M/s. A.L.A.S. Real Estate and Developers Private Ltd. abused the complainant in filthy language. Therefore, it is requested that cognizance for offence punishable under Sections 406, 420, 120-B, 294 and 506 of IPC be taken against proposed accused.

(B) The Judicial Magistrate First Class, Ratlam heard the complainant on application under 156(3) of Cr.P.C. Learned Judicial Magistrate vide order dated 02.03.2024 directed the SHO of Police Station – Station Road, District Ratlam(M.P.) to register an FIR for offence punishable under Section 406 of IPC and investigate the matter. In compliance with the directions, P.S. Station Road, Ratlam registered FIR at Crime No.341/2024 for offence punishable under Section 406 of IPC against Ashish Danial, Nilma Danial, Chandraprakash Bhandari, Yahya Khan and Arif Behlim.

3. The complaint, order dated 02.03.2024 and the consequent FIR registered at Crime No.341/2024 is assailed in present petition on follo