1 2025:CGHC:23266-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1693 of 2025 1 - Anil Anand Naik S/o Shri Anand Raghu Naik Aged About 41 Years Having Office At Shop No. 5, Sarthak Garden, Near Sahkari Bhandar, Dhavali, Ponda, Goa 2 - Anand Raghu Naik S/o Raghu Somu Naik Aged About 70 Years Having Office At Shop No. 5, Sarthak Garden, Near Sahkari Bhandar, Dhavali, Ponda, Goa ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station In-Charge, Police Station- Devendra Nagar, District- Raipur, Chhattisgarh- 492002 2 - M/s Hira Steel Limited (Erstwhile Shivnath Minerals And Chemicals), Having Its Registered Office At, 721/1, Rawabhata Industrial Area, Raipur, Chhattisgarh, Through Its Now Authorised Signatory Shri Kailash Agrawal ... Respondent(s) For Petitioner(s) : Mr. Praveen Dhurandhar, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer and Mr. Ayush Mahiswar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.06.13 11:03:10 +0530 2 Per Ramesh Sinha , Chief Justice 12.06.2025 1. Heard Mr. Praveen Dhurandhar, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for respondent No.1/State and Mr. Ayush Mahiswar, learned counsel for respondent No.2. 2. The present petition has been filed by the petitioners with the following prayers: “(i) That, this Hon'ble Court may kindly be pleased to quash the FIR bearing Crime No.07/2018 registered with Police Station Devendra Nagar Raipur (C.G.) against the petitioners for the offence under Section 420/34 of IPC (The FIR is the part of Annexure P-1). (ii) That, this Hon'ble High Court may kindly be pleased to quash the Charge Sheet No. 16 of 2019 dated 04.03.2019 filed against the Petitioner No.1 for the offences punishable under Section 420 read with Section 34 of the Indian Penal Code by the Police Station Devendra Nagar, Raipur (C.G.) in Crime No.07/2018 (Annexure P-1). (iii) That, this Hon'ble Court may kindly be pleased to quash the cognizance order dated 05-03-2019 passed by the learned Judicial Magistrate First Class Raipur (C.G.) in Criminal Case No.1550/2019 taken against the petitioner No.1. (Order dated 05-03-2019 is the part of Annexure P- 2). (iv) That this Hon'ble High Court may kindly be pleased to quash consequent criminal proceedings 3 bearing Criminal Case No. 1550/2019 titled “State Vs. Anil Naik" pending before the Court of Ld. Judicial Magistrate First Class, Raipur (C.G.). (v) Any other relief or relief(s) which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case, in the interest of justice, equity and good conscience may also kindly be granted.” 3. It has been argued by the learned counsel for the petitioners that during the pendency of the aforesaid proceedings, the Petitioners and the Respondent No.2 amongst themselves have resolved the dispute, amicably and as such, on 12.04.2024, the petitioners as well as respondent No. 2 executed a Memorandum of Understanding, which categorically records the terms and conditions of the settlement, amongst the parties. It is further submitted that the petitioners have successfully complied with the terms and conditions of the memorandum of understanding and have paid the entire dues of the Respondent No.2. vide memorandum of understanding dated 12.04.2024 (Annexure P/3) in the present petition, wherein all the disputes and differences of the parties have been amicably settled by them, therefore, in view of the law laid down by the Apex Court in Manoj Sharma Vs. State and others , (2008) 16 SCC 1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012) 10 SCC 303, the impugned FIR be quashed. 5. Learned Counsel for respondent No.2 could not dispute the aforesaid facts. 4 6. From perusal of the records, it transpires that both the parties, i.e. petitioners and respondent No.2, have mutually amongst themselves have resolved the dispute, amicably and as such, on 12.04.2024, the petitioners as well as respondent No. 2 executed a Memorandum of Understanding, which categorically records the terms and conditions of the settlement, amongst the parties 7. Keeping in mind the ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into consideration that the dispute between the parties from which the impugned FIR has emanated has been amicably settled, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in this matter. 8. In that view of the matter, the consequent criminal proceedings bearing Criminal Case No.1550/2019 pending before the Court of learned JMFC, Raipur (C.G.) arising out of charge-sheet No. 16 of 2019 dated 04.03.2019 arising out of impugned FIR bearing No.07/2018 registered at Police Station Devendra Nagar Raipur (C.G.) (Annexure P-1) for offence under Section 420/34 of the IPC is hereby quashed on the ground of compromise arrived at between the parties. 9. The petition is allowed to the extent indicated hereinabove. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet