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2025 DAILYLAW 38953 (CHH)

NEERAJ KEDIA v. STATE OF CHHATTISGARH

CRMP/2474/2025 · 2025-08-12

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:40763-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2474 of 2025 Neeraj Kedia S/o Gopal Prasad Kedia Aged About 49 Years R/o-A-7, Ralas Enclave, Daganiya, Thana Dd Nagar, District- Raipur, Chhattisgarh, ... Petitioner versus 1 - State of Chhattisgarh Through Sho, P.S. Azad Chowk, District- Raipur Chhattisgarh, 2 - Mr. Hemant Bharadwaj S/o Kishanchand Bharadwaj Aged About 47 Years R/o Rosewood 23, Housing Board Colony, Boriyakala, Thana Mujgahan District- Raipur Chhattisgarh ... Respondents (Cause title taken from CIS) For Petitioner : Ms. Sara Jain, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer For Respondent No. 2 : Mr. Abhishek K. Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 13/08/2025 1. By the present petition, the petitioner has prayed for following reliefs:- “It is therefore prayed that this Hon'ble Court may kindly AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.14 19:16:36 +0530 2 be pleased to quash the FIR in Crime No. 171/2025 registered at P.S.-Azad Chowk, Raipur for alleged- offence u/s 409 IPC with respect to the Petitioner and also quash any incidental proceedings emanating therefrom against the Petitioner in relation to the aforementioned matter” 2. At the very outset, learned counsel for the petitioner submits that the matter has been amicably settled outside the Court and settlement agreement has been arrived at between the parties. Copy of the same has been marked as Annexure P-3 in this petition. 3. Learned counsel for the private respondent admitted the fact of settlement arrived at between the parties. 4. For the sake of convenience, it would be appropriate to reproduce the contents of compromise deed is quoted below:- Terms of settlement “1.1 That, the parties hereby confirm that the dispute arising from the above-mentioned FIRs bearing Nos.125/25 and 171/25 respectively is being settled amicably. 1.2 That, the parties of the first part hereby undertake to transfer the properties to the parties of the second part Lessee as compensation in the following manner:- a) The residential house bearing House No.2/531, Choubey colony, Raipur, C.G. area 2683 sq.ft standing in the name of Mr.Gopal Prasad Kedia, a party of the First Part, shall be 3 transferred in the name of Mr.Gaurav Singh Tiwari and Mr.Hemant Bharadwaj by Mr.Gopal Prasad Kediathrough a duly registered deed within 7 days from the date of execution of this settlement agreement. b) Plot at Khasra No.205/4, Arang, Raipur (C.G.) Area 4000 sq. ft. standing in the name of Mrs. TinaKedia party of the First Part, shall be transferred in the name of Mr.Gaurav Singh Tiwarithrough a duly registered deed within 7 days from the date of execution of this settlement agreement. 1.3. That, on fulfilment of the respective obligationsof the parties of the First Part, the parties of the Second part hereby undertakes the following:- a) The parties of the Second Part shall respectively appear before the concerned authority/Magistrate/Session Court/Tribunals/Hon'ble High Court and undertake to cooperate for the quashment/withdrawal of FIR No. 125/2025 filed by Mr.Gaurav Singh Tiwari and FIR No. 171/2025 filed by Mr.HemantBharadwaj and for the grant of bail to Mr. Neeraj Kedia, within 7 days from the execution of this settlement agreement. b) The parties of the Second Partundertake to cooperate in the quashing of the respective FIRs against Mr. Neeraj Kedia, through legal proceedings, if required. 1.4. That, on the failure of the parties of the First Part to fulfil their obligations as provided under the terms of this agreement, the 4 obligation of the parties of the Second Part shall stand revoked and any bail granted to Mr.Neeraj Kedia with respect to the abovementioned FIRs shall stand cancelled. On failure of the parties of the second part to fulfil their obligations, they shall indemnify the parties of the first part wholly. 1.5. That, on the fulfilment of the obligations under the terms of this settlement, no party shall have any further claim, complaint, or grievance relating to abovementioned disputes and the parties hereby undertakes to not file any new civil or criminal complaint, application, or petition with regard to the dispute arising from the above-mentioned FIRs, against each other or their respective family members, associates or agents. 1.6. That, the parties of the First Part hereby undertakes that an additional amount of Rs. 50,00,000/- (Rupees Fifty lakh Only) shall be paid by them in equal proportions of Rs. 25,00,000/- each to Mr.Gaurav Singh Tiwari and Mr.Hemant Bharadwaj, respectively after an year from the date of execution of this settlement agreement and thereby, provide two post-dated cheques, the details of which are as follows:- S. No. Cheque No. Date Drawer Bank Payee 1. 783401 01/01/2027 IndusInd Bank Mr. Gourav Singh Tiwari 2. 783402 01/01/2027 IndusInd Bank Mr. Hemant Bharadwaj The parties of the Second Part shall be free to undertake appropriate legal remedy on the failure of the parties of the First 5 Part to provide the aforementioned amount within the stipulated time period. 2. CONFIDENTIALITY 2.1. The parties hereby agree not to disclose the contents of this settlement agreement publicly except as required by law or to implement the agreement. 3. FREE WILL & BINDING EFFECT 3.1. The parties are hereby executing this settlement agreement with free will and consent without any fear, coercion or duress and hereby agree that this settlement agreement is binding on the parties, their heirs, successors, representatives and assignees. 3.2.If any provision of this Agreement is held to be unlawful, void, or unenforceable by a court of competent jurisdiction, then the impugned provision shall be limited to the minimum extent necessary, and the remaining provisions of this Agreement shall be severed and shall continue to remain fully enforceable. 5. In view of the above submission, particularly looking to the settlement arrived at between the parties and after perusing the compromise settlement Annexure P-1 in the petition, this CRMP is disposed of. 6. The parties are directed to appear before the Investigating Officer within a period of two weeks, who shall verify the settlement 6 arrived between the parties and shall also file a police report within a two weeks thereafter before the Court concerned in accordance with law. 7. With the aforesaid observation and direction, the petition is disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/Amardeep