[2025:RJ-JP:32810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 2269/2015 1. A.R. Ramesh (the then, Head of Credit Card), ICICI Bank Ltd.; Credit Card Operations, Post Box, 7931, Tulsi Badi, Mumbai-400034 through Authorised Representative Rakesh Sharma Son of Late Shri S.D. Sharma, Address; ICICI Bank, C-3, Sardar Patel Marg, C-Scheme, Jaipur. 2. Shri Mahadevan B (the then, Business Head Cards) ICICI Bank Ltd; Post Box No.18712, Andheri (East), Mumbai- 400069 3. Sanjay Gupta, (the then, Branch Manager), ICICI Bank Ltd; Subhash Marg, Ahinsa Circle, Jaipur. ----Accused/Petitioners Versus 1. State of Rajasthan through Public Prosecutor. 2. Kunj Bihari Sharda, Son of Mali Ram Sharda, Resident of B-31, Sharda Sadan, Nehru Nagar, (Shastri Nagar), Jaipur. (Complainant) ----Respondents For Petitioners : Mr. Mitesh Sharma, Adv. Mr. Lakshya Batra, Deputy Manager Legal, ICICI Bank (authorized representative of the petitioner ICICI Bank present in person) For Respondents : Mr. Vivek Sharma, Addl.G.A. Mr. Devi Singh, Dy.G.A. Mr. Lalit Sharma, Adv. with Mr. Dharmendra S.Rathore, Adv. Mr. Kunj Bihari Sharda(complainant present in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 20/08/2025 1. Matter comes up on an application No.2/2025 filed on behalf of the applicants for taking the amended cause-title on record. [2025:RJ-JP:32810] (2 of 5) [CRLMP-2269/2015] 2. For the reasons mentioned in the application, the same is allowed. Amended cause-title annexed with the application is taken on record. 3. Matter comes up on another application No.1/2025 filed on behalf of the applicants/petitioners with a prayer for quashing of the criminal proceedings in Criminal Case No.761/2015 pending before learned Special Additional Chief Judicial Magistrate (PCPNDT Cases), Jaipur Metropolitan-I, Jaipur [the then Additional Civil Judge and Judicial Metropolitan Magistrate (Senior Division) No.8, Jaipur Metropolitan, Jaipur] (hereinafter referred to as the 'trial Court') arising out of FIR No.170/2004 registered at Police Station Vidhayak Puri, Jaipur City for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC on the ground of compromise arrived at between the parties. 4. Mr. Lakshya Batra, Deputy Manager Legal-authorized representative of the petitioner (ICICI Bank) is personally present before this Court and duly identified by his counsel. 5. As per the brief facts of the case, the respondent No.2 lodged an FIR No.170/2004 at Police Station Vidhayak Puri, Jaipur City for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC alleging therein that the petitioners, who are officials of the ICICI Bank, have committed fraud with the complainant/respondent No.2 and caused a loss of Rs.10,000/- in respect of using an "Add-on Card" with the Credit Card, which was never used by the complainant/respondent No.2. 6. After investigation, in the impugned FIR, a negative final report was submitted before concerned Magistrate, who rejected [2025:RJ-JP:32810] (3 of 5) [CRLMP-2269/2015] the Final Report and on the basis of the statement given by the complainant/respondent No.2 under Section 200 of Cr.P.C. and took cognizance vide order dated 06.11.2006 against the petitioners for the offences punishable under Sections 120-B, 192 read with 193, 403, 409 and 477-A of IPC. The trial was then pending before the Additional Civil Judge and Judicial Metropolitan Magistrate (Senior Division) No.8, Jaipur Metropolitan, Jaipur and now, it is pending before learned trial Court. 7. Learned counsel for the applicants/petitioners submits that the petitioners and the complainant/respondent No.2 have entered into compromise and amicably settled their dispute by way of a settlement agreement dated 31.07.2025. Learned counsel further submits that as per the settlement agreement, the parties have settled their dispute and the petitioners have issued a Demand Draft of Rs.4,97,000/- in the name of the complainant/respondent No.2 in lieu of the loss caused to him. 8. Learned counsel prays that the aforesaid application be allowed and the criminal proceedings in Criminal Case No.761/2015 pending before learned trial Court arising out of the FIR No.170/2004 at Police Station Vidhayak Puri, Jaipur City qua the present petitioners be quashed and set aside. 9. In support of his contentions, learned counsel for the applicants/petitioners draws attention of this Court towards the judgment passed by the Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934. [2025:RJ-JP:32810] (4 of 5) [CRLMP-2269/2015] 10. Learned counsel appearing on behalf of the complainant/respondent No.2 admits the factum of compromise and submits that the petitioners and the complainant/respondent No.2 have amicably settled their dispute and copy of the settlement deed dated 31.07.2025 has been annexed with the application. 11. Mr. Kunj Bihari Sharda-the complainant/respondent No.2 is personally present before this Court and duly identified by his counsel, accepts the fact that a Demand Draft of Rs.4,97,000/- has been issued in his name by the petitioners in lieu of the loss caused to him, therefore, he does not want to prosecute the matter. The respondent No.2 submits that he has no objection if the criminal proceedings arising out of the impugned FIR qua the petitioners and the cognizance taken by learned trial Court vide order dated 06.11.2006 are quashed and set aside. 12. Learned counsel appearing on behalf of the State while vehemently opposing the prayer made on behalf of the petitioners, submit the factual report dated 20.05.2025 and the same is taken on record. 13. Heard learned counsel for the parties and perused the material available on record. 14. Considering overall facts and circumstances of the case; the fact that the parties have amicably settled their dispute and copy of the settlement agreement has been annexed with the application; also considering that the present case is wholly covered by the principle of law laid down by the Hon'ble Supreme Court in the case of Gian Singh (supra) and for the reasons [2025:RJ-JP:32810] (5 of 5) [CRLMP-2269/2015] mentioned in the application, the same is allowed and the criminal proceedings arising out of the impugned FIR qua the petitioners is liable to be quashed. 15. In view of the aforesaid discussions, this criminal miscellaneous petition is allowed and FIR No.170/2004 at Police Station Vidhayak Puri, Jaipur City qua the petitioners is quashed and set aside as well as criminal proceedings in Criminal Case No.761/2015 (19552/2014) CNR No.RJJM020016102006 pending before learned trial Court arising out of the same, if any, are also quashed and set aside on the basis of compromise arrived at between the parties. Consequence to follow. 16. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /58