1 2025:CGHC:8598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 626 of 2021 Sushil Chandra Pagariya S/o Late Mangilal Pagariya Aged About 61 Years R/o 5th Floor , Mahavir Plaza, Behind Devi Laxmi Hospital, Tagore Nagar, Police Station City Kotwali , Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through Station House OfÏcer , Police Station Civil Lines, Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Durga Devi Pagariya W/o Shri Gajraj Pagariya Aged About 59 Years R/o 28, Vivekanand Nagar, Police Station City Kotwali, Raipur District Raipur Chhattisgarh Through Her Power Of Attorney Holder Namely Gajraj Pagariya, S/o Late Mangilal Pagariya, Aged About 63 Years, R/o 28, Vivekanand Nagar , Police Station City Kotwali Raipur District Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Aditi Singhvi, Advocate. For Respondent No. 1/ State : Mr. Sakib Ahmed, Panel Lawyer For Respondent No. 2 : Mr. Pankaj Singh, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 19/02/2025 1. By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of FIR bearing Crime No. 416/2019 2 dated 07.07.2019 registered at Police Station, Civil Lines, Raipur, for the offences under Sections 420, 467, 468 of the Indian Penal Code alongwith the charge sheet and consequential criminal proceedings being Criminal Case No. 12473/2019 pending before the Court of Judicial Magistrate, First Class, Raipur. 2. The facts, in nutshell, is that the husband of the respondent No.2 filed a complaint before the respondent No.1 alleging that the respondent No. 2 came to the knowledge about the fact that the sum of Rs.1.5 crore was encashed from the bank in the name of her wife i.e. respondent No. 2 and when the respondent No.2 enquired about the same, they came to know that the said amount was not disbursed by respondent No. 2 rather someone by using the forged signatures of respondent No. 2 had obtained the said amount. Thereafter the respondent no. 2 found out that the petitioner had invested a sum of Rs.1.5 crore in a firm namely M/s. Mangilal Pagariya and the said amount is being used by the petitioner for his own personal benefit, as a result of which the respondent No.2 and the company namely Chhattisgarh Power Project had suffered huge loss. It has been further alleged that on the basis of the forged loan agreement the petitioner in connivance with the other bank employees had obtained the above mentioned amount. 3. At the outset, Ms. Singhvi, learned counsel for the petitioner submits that since the petitioner and the respondent No. 2 are relatives, they have settled their dispute amicably and as such, she prays that the FIR, the charge sheet and the consequential criminal proceedings against the petitioner may be quashed. 4. On a pointed query being made by this Court as to whether the petitioner has filed any document with respect to amicable settlement between the parties, it is submitted by Ms. Singhvi that the respondent No. 2-Durga 3 Devi Pagariya, who is the complainant in the matter, has sworn an afÏdavit stating that she does not want to continue with the criminal prosecution against the petitioner. 5. From perusal of the afÏdavit annexed with the covering memo dated 19.02.2025, it transpires that it is merely an afÏdavit dated 18.02.2025, sworn by the respondent No. 2 but no settlement deed / compromise deed has been filed which may show that the dispute between the parties is over. In such circumstances, we deem it appropriate to grant liberty to the parties to approach the learned trial Court where the criminal case is pending where they may file the relevant documents/compromise deed with respect to their amicable settlement and after verification of those documents, the trial Court may proceed in accordance with law. 6. With the aforesaid observation and direction, this petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.02.21 13:29:29 +0530