Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:48272-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 571 of 2025
1. Aakash Khanna S/o Ajay Khanna Aged About 33 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick - 7 Kolkata, District Kolkata, West Bengal Another Address - R/o South City Villa P.S. Behla District-24 Pargana, At Present Pragya Patti Street Kolkata (West Bengal)
2. Ajay Khanna S/o Late Pratapchand Khanna Aged About 59 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick - 7 Kolkata, District Kolkata, West Bengal Another Address - R/o South City Villa P.S. Behla District-24 Pargana, At Present Pragya Patti Street Kolkata (West Bengal)
3. Anuj Khanna S/o Ajay Khanna Aged About 28 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick - 7 Kolkata, District Kolkata, West Bengal Another Address - R/o South City Villa P.S. Behla District-24 Pargana, At Present Pragya Patti Street Kolkata (West Bengal)
4. Rajan Kumar Khetry S/o Pratap Chand Khanna Aged About 52 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick - 7 Kolkata, District Kolkata, West Bengal BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.19 18:23:54 +0530
2 Another Address - R/o South City Villa P.S. Behla District-24 Pargana, At Present Pragya Patti Street Kolkata (West Bengal)
5. Shreeya Khanna D/o Rajan Khanna Aged About 27 Years R/o R.K. Pal Ramesh Chandrapal And Company-14, Pragya Patti Stick - 7 Kolkata, District Kolkata, West Bengal Another Address - R/o South City Villa P.S. Behla District-24 Pargana, At Present Pragya Patti Street Kolkata (West Bengal)
... Petitioner(s) versus
1. State of Chhattisgarh Through Police Station - Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh.
2. Sudip Kumar Gupta S/o Late Girdhar Prasad Gupta Proprietor Of Vimla Sales Cloth Shop, Ramanujganj, District Balrampur- Ramanujganj Chhattisgarh
...Respondent(s) For Petitioners : Mr. Niraj Baghel, Advocate. For Respondent/State : Mr. Sangharsh Pandey, Government Advocate. For Respondent No. 2 : Mr. Rahul Mishra, Advocate. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
19 .09.2025
1. Heard Mr. Niraj Baghel, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, learned Government Advocate for
3 respondent No. 1/State; and Mr. Rahul Mishra, learned counsel for respondent No. 2.
2. The petitioners seek quashment of the impugned order of cognizance dated 12.12.2024, the charge-sheet, and entire proceedings of Criminal Case No. 1352 of 2024 under Sections 420 and 34 of the Indian Penal Code (IPC) pending before the learned Chief Judicial Magistrate, Ramanujganj, District Balrampur-Ramanujganj.
3. The petitioners and the complainant/respondent No. 2 have entered into a valid compromise agreement dated 31.01.2024. The complainant voluntarily accepted the settlement amount and expressed no objection before the Court during the bail hearing of the accused. A copy of the agreement along with a supporting affidavit has been filed.
Learned counsel for respondent No. 2 has supported the petition.
4. The Hon’ble Supreme Court in Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303 and B.S. Joshi & Ors. v. State of Haryana & Another, reported in (2003) 10 SCC 675 held that the High Court can exercise its inherent powers under Section 482 of the Cr.P.C. (now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to quash criminal proceedings arising from civil, commercial, or personal disputes where continuation of proceedings would result in extreme injustice, and the likelihood of conviction is remote.
5. Considering the facts, compromise, and settled legal position, this Court is of the view that continuation of proceedings would serve no
4 purpose and would cause grave injustice to the petitioners.
6. Accordingly, the present petition is allowed. The impugned order of cognizance dated 12.12.2024, the charge-sheet, and the entire proceedings of Criminal Case No. 1352 of 2024 under Sections 420 and 34 of the IPC pending before the learned CJM, Ramanujganj, District Balrampur-Ramanujganj, are quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice Brijmohan