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2025 DAILYLAW 22389 (CHH)

AMIT SRIVASTAV v. STATE OF CHHATTISGARH

CRMP/1799/2025 · 2025-06-18

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:25753-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1799 of 2025 1 Amit Srivastav S/o Satyendra Srivastav Aged About 50 Years R/o Maitri Vihar, House No. 06, Dinesh Housing Complex, Bhilai, Police Station- Supela, District- Durg, Chhattisgarh 2 Smt. Neeta Srivastav W/o Amit Srivastav Aged About 50 Years R/o Maitri Vihar, House No. 06, Dinesh Housing Complex, Bhilai, Police Station- Supela, District- Durg, Chhattisgarh 3 Nitin Srivastav S/o Satyendra Srivastav Aged About 47 Years R/o Maitri Vihar, House No. 06, Dinesh Housing Complex, Bhilai, Police Station- Supela, District- Durg, Chhattisgarh 4 Ribha Srivastav W/o Nitin Srivastav Aged About 44 Years R/o Maitri Vihar, House No. 06, Dinesh Housing Complex, Bhilai, Police Station- Supela, District- Durg, Chhattisgarh 5 Puja W/o Devendra Tandon Aged About 52 Years R/o Radhika Nagar, Bhilai, District Durg (C.G.) 6 Sindhu Singhare W/o Deepak Singhare Aged About 50 Years R/o Ward No. 56, Om Nagar, Police Station- Pulgaon, District Durg (C.G.) 7 Deepak Singhare S/o Khushiyal Singhare Aged About 57 Years R/o Ward No. 56, Om Nagar, Police Station- Pulgaon, District- Durg (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.20 10:15:58 +0530 2 ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Station House Officer, Police Station- Bemetara, District- Bemetara (C.G.) 2 Umesh Kumar Tripathi S/o Late Shri Shivkumar Tripathi Aged About 61 Years R/o Plot No. 3, Kram Street, Pragati Nagar, Risali- Nevai, Durg And New Bus Stand, Bemetara, Police Station And District- Bemetara (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Akanksha Jain, Advocate For Respondent/State : Mr. S.S. Baghel, Dy. G.A. For Respondent No. 2 : Mr. Abhijeet Mishra, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 19/06/2025 1. The instant CRMP has been filed under Section 528 of the Cr.P.C with following prayer:- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow the petition, may kindly be pleased to quash the impugned order dated 17.03.2025 (Annexure P-1) and may kindly be pleased to quash the Crime No. 334/2017, Charge-sheet No. 470/2017 and Special Case No. 05/2017 pending before the learned Special Judge, Bemetara, District - Bemetara (C.G.) under 3 Chhattisgarh Protection of Depositor's Act, 2005 for the offence punishable under Section 420 of Indian Penal Code, Section 3, 4 of Prize, Chits and Money Circulation Scheme (Banning) Act, 1978 and section 10 of Protection of Depositor's Act, 2005 and its consequential proceeding on the basis of settlement between the parties and further may kindly be pleased to acquit the petitioners from the aforementioned offences, in the interest of justice.” 2. Learned counsel for the petitioner submit that the parties have entered into a compromise and had moved an application under Section 320 of CRPC for quashment of the criminal proceedings on the basis of the compromise but the learned Trial court has rejected the same. 3. Learned counsel for respondent No. 2 submits, that the matter has already been compromised between the parties and he has no objection in quashment of the criminal offences registered against the petitioner. 4. We have heard learned counsel for the parties and perused the documents. 5. In view of the above submissions made, the present CRMP is allowed and consequently the Crime No. 334/2017, Charge- sheet No. 470/2017 and Special Case No. 05/2017 pending before the learned Special Judge, Bemetara, District - Bemetara (C.G.) under Chhattisgarh Protection of Depositor's Act, 2005 for the offence punishable under Section 420 of Indian Penal Code, 4 Section 3, 4 of Prize, Chits and Money Circulation Scheme (Banning) Act, 1978 and section 10 of Protection of Depositor's Act, 2005 and its consequential proceedings are hereby quashed. Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Jyoti