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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPCR No. 744 of 2019

• Shriram Singh S/o Tejbahadur Singh Aged About 44 Years R/o

C-203, 9 Galaxy Building, Ramdevpur, Near Sardar Vallabh Bhai

Patel School, Meera Road, East Meera Bhandar, Thane

Maharastra, District- Thane (M.H.)

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Home

Department, Mantralaya, Mahanadi Bhawan, New Raipur,

District Raipur Chhattisgarh

2. Director General Of Police Head Quarter Raipur, District Raipur

Chhattisgarh

3. Inspector General Of Police Durg Range, District Durg

Chhattisgarh

4. Superintendent Of Police District Rajnandgaon Chhattisgarh

5. Station House Officer Police Station Ambagarh Chowki, District

Rajnandgaon Chhattisgarh

6. Vikas Singh S/o Puroshottam Thakur Aged About 26 Years R/o

Ward No. 1, Meregaon, P.S. Ambagarh Chowki, District

Rajnandgaon Chhattisgarh

---- Respondents

For Petitioner

: Shri Tanuj Patwardhan, Advocate

For State

: Shri Uddhav Sharma, G.A.

For Respondent No. 6 : Shri Rishi Sahu, Advocate

Hon'ble Shri Justice

Narendra Kumar Vyas

Order on Board

27.09.2021

1. The petitioner has filed this writ petition under Article 226 of the

Constitution of India seeking quashment of the criminal

proceeding in Criminal Case No. 495/2015 pending before the

Judicial Magistrate First Class, Ambagarh Chowki, Rajnandgaon

and FIR No. 240/2014 registered under Section 420, 34 IPC on

30.07.2021 at Police Station -Rajnandgaon against the petitioner

and one Jyoti Tiwari.

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2. It is contended by the learned counsel for the petitioner that

Jyoti Tiwari is main accused and he has been implicated in the

case. She had taken money, therefore, she has committed

offence under Section 420 IPC. During the pendency of the

petition, petitioner and the complainant have settled their

dispute. The main accused Jyoti Tiwari has been acquitted from

the charges. On the basis of compromise arrived at between the

petitioner and respondent No. 6, the petitioner has filed this writ

petition (criminal) for quashment of the criminal proceeding and

FIR on count that since the main accused Jyoti Tiwari has also

settled dispute with respondent No. 6, therefore, criminal

proceedings and FIR against him may also be quashed.

3. Considering the submission, this Court vide its order dated

06.09.2021 has directed the petitioner and respondent No. 6 to

appear before the Additional Registrar (Judicial) of this Court for

recording of their statements on 21.09.2021. In pursuance of the

direction of this Court, the petitioner and respondent No. 6

entered their appearance and stated in unequivocal terms that

now there is no dispute between them, respondent No. 6 is not

willing to continue with the criminal proceedings against

petitioner and prayed for quashment of the FIR No. 240/2014 as

well as Criminal Case No. 495/2015. He has stated that he has

voluntarily deposed that statement, it has been executed without

fear, pressure or undue influence from the petitioner.

4. Hon'ble the Supreme Court in case of State of Madhya

Pradesh Vs. Laxmi Narayan & others¹, has summarized the

law for quashing of FIR, the relevant paragraphs are extracted

below:-

“15.1 That the power conferred under Section 482

of the Code to quash the criminal proceedings for the non-

compoundable offences under Section 320 of the Code

can be exercised having overwhelmingly and

predominantly the civil character, particularly those arising

out of commercial transactions or arising out of

matrimonial relationship or family disputes and when the

1

(2019) 5 SCC 688

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parties have resolved the entire dispute amongst

themselves;

15.5 While exercising the power under Section 482

of the Code to quash the criminal proceedings in respect

of non-compoundable offences, which are private in nature

and do not have a serious impart on society, on