Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38223-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2415 of 2025 1 - Aman Agrawal S/o Deshraj Agrawal Aged About 28 Years (Wrongly Typed As 38 Years), R/o 12 C, Khadiya Bazar, Sakti Nagar, District Sonbhadra Uttar Pradesh 2 - Rahul Agrawal S/o Shri Surendra Kumar Garg Aged About 36 Years R/o Ram Mandir Colony, Obra, District Sonbhadra Uttar Pradesh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Incharge Of Police Station Ambikapur, District- Surguja, C.G. 2 - Pankaj Agrawal S/o Laxmichand Agrawal Aged About 42 Years R/o Narayani Complex, Udit Nagar, Maridian Tower 504, Udit Nagar, Raourkela (Orissa)
... Respondent(s) For Petitioner(s) : Mr. Manoj Paranjpe, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Judgment
on Board
Per
Ramesh Sinha
, Chief Justice
04.08.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.08.05 10:51:50 +0530
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1. Heard Mr. Manoj Paranjpe, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No.1 / State.
2. The present petition has been filed by the petitioners seeking following relief:
“I. That the Hon'ble Court may kindly be pleased to allow the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioners namely Aman Agrawal and Rahul Agrawal. II. That the Hon'ble Court may kindly be pleased to quash the F.I.R. bearing No. 302/2023, registered on 16.05.2023 at Police Station Ambikapur District Surguja, registered under section 420, 120B, 506 of Indian Penal Code against the petitioners herein. III. That the Hon'ble Court may kindly be pleased to quash entire charge sheet/final report bearing No. 254/2025 filed on dated 16.06.2025 before Chief Judicial Magistrate, Ambikapur, District Surguja (State of Chhattisgarh v. Rahul Agrawal & Others) for the offences punishable under section 420, 120B & 506 of Indian Penal Code. IV. That the Hon'ble Court may kindly be pleased to quash the impugned order of taking cognizance dated 17.06.2025 (Annexure P/2), passed in Criminal Case No. 4754/2025 in the matter of State of Chhattisgarh v. Rahul Agrawal & Others, whereby the learned Chief Judicial Magistrate Ambikapur, District Surguja (C.G.) has taken cognizance of the impugned Chargesheet and registered the impugned criminal proceeding as Criminal Case no. 4754/2025 against the Petitioners namely Aman Agrawal & Rahul Agrawal. V. And to kindly grant any other relief to the petitioner as this Hon'ble Court may deem fit
3 and proper in facts and circumstances of the case, may also granted to the Petitioner.”
3.
Learned counsel for the petitioners submits that the dispute between the parties were purely of a commercial nature and looking to the future prospects, the petitioners as well as the complainant have settled their dispute and the entire due amount has already been paid by the petitioners to the complainant i.e. respondent No.2 and this fact is apparent on the face of order dated 08.11.2023, passed in MCRC No. 7865/2023 and order dated 31.01.2024, where the complainant has pleaded no objection and the learned trial Court has also observed that the entire amount to the tune of Rs. 73,65,049/- has already been paid to the complainant and now both the parties have settled their disputes. The copy of the compromise entered into between the parties has also been annexed in Annexure P/2 (page No.273) in the petition. He further submits that there are some other accused persons in the present case and no compromise has taken place between the complainant and the said co-accused persons, hence the petitioners have come up before this Court for quashment of the proceeding on the basis of the compromise entered between them and the complainant.
4. On the other hand, learned counsel for the State opposes the
submissions made by learned counsel for the petitioner.
5. We have learned counsel for the parties and perused the documents appended with the present petition.
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6. Considering the submissions advanced by learned counsel for the parties, the petitioners are directed to file the compromise documents along with proper application before the Court concerned and the Court concerned shall decide the same within a period of two weeks’, after verifying the compromise entered between the parties, in accordance with law.
7. In view of the above, the present petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice
Manpreet