1 2025:CGHC:16384-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3030 of 2024 Brijendra Bahadur Singh S/o Late Suryabhan Singh Aged About 57 Years R/o House No. 86/73, Surya Niwas Near Maharana Pratap Homeopathy College New Rajendra Nagar Raipur, District Raipur, C.G. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Home And Police Raipur P.S. Rakhi, Naya Raipur, District Raipur, C.G. 2 - The Superintendent of Police Raipur, District Raipur, C.G. 3 - The Station House Officer Police Station Kharora, District Raipur, C.G. 4 - Praveen Kumar Malik S/o B.S. Malik Aged About 45 Years R/o Flat No. B-21, 3rd Floor, Baniyan Tree Enclave, Shankar Nagar, Raipur, Tahsil And District Raipur, C.G. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate For State/respondents No.1 to 3 : Mr. Sangharsh Pandey, Government Advocate For Respondent No.4 : Mr. D.K. Gwalre, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha, Chief Justice 0 8 .04.2025 1. Proceedings of this matter have been taken through Video Conferencing. 2. Heard Mr. Pravin Kumar Tulsyan, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.04.09 16:24:33 +0530 2 Government Advocate, appearing for the State/respondents No.1 to 3 as well as Mr. D.K. Gwalre, learned counsel appearing for respondent No.4. 3. By this petition under Section 528 of the BNSS, the petitioner has prayed for the following relief(s):- “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the First Information Report registered against the Petitioner bearing Crime number 718/2024, registered by Police Station Kharora, Raipur, District Raipur, Chhattisgarh (Annexure P-5), in the interest of justice.” 4. It has been stated by the learned counsel for the petitioner that there was an agreement to sale between the petitioner and the complainant. The complainant has given a sum of Rs.41 Lacs to the petitioner, but the sale deed could not be executed between the parties. It has been further argued that the amount of Rs.41 Lacs has already been paid back to respondent No.4/complainant, which is not in dispute. It has been contended that the complainant had also demanded some compensation to the petitioner and Rs.20 Lacs has further been paid by the petitioner through security cheques of Rs.30 Lacs and Rs.31 Lacs, respectively. It has been further stated that the cheque amounting to Rs.31 Lacs has been dishonoured, for which, a 3 separate complaint case has been registered against the petitioner and his wife. The said criminal case has been challenged by the wife of the petitioner before this Court being CRMP No.2808 of 2024 and the further proceedings have been stayed in respect of wife of the petitioner vide order dated 18.10.2024. It has further been argued that the charge-sheet has not been filed, prima facie, no case is made out against the petitioner. Hence, the impugned FIR dated 28.10.2024 bearing Crime No.0718 of 2024 registered at Police Station Kharora, District Raipur, Chhattisgarh, is liable to be quashed. 5. The matter was referred to Mediation Centre of this Court vide order dated 07.03.2025 and as per mediation report dated 27.03.2025, the mediation was successful. 6. Learned counsel for the petitioner submits that the dispute between petitioner and respondent No.4 has been amicably settled subject to fulfillment of terms and conditions of the compromise entered between the parties before the Medication Centre of this Court vide deed of compromise dated 26.03.2025. 7. Learned counsel for respondents No.4 supports the submissions made be learned counsel for the petitioners. 8. Considering the settlement which has been arrived at between the parties as has been mentioned in compromise deed dated 26.03.2025, impugned FIR dated 28.10.2024 bearing Crime No.0718 of 2024 registered at Police Station Kharora, District 4 Raipur, Chhattisgarh, is liable to be quashed, subject to fulfillment of terms and conditions as mentioned in compromise deed dated 26.03.2025 entered into between the petitioner and respondent No.4. It is made clear that all the subsequent proceedings originated from the said FIR, shall also stand set aside. 9. Accordingly, the petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed to the extent indicated hereinabove. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu