Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 9158 (CHH)

ASHWINI KUMAR MISHRA v. STATE OF CHHATTISGARH

CRMP/554/2024 · 2025-05-07

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:21274-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 554 of 2024 Ashwini Kumar Mishra S/o Roopendra Nath Mishra Aged About 42 Years R/o B-50, Mannipuram Near Char Imli, R.S. Nagar, Bhopal (M.P.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station - Rajendra Nagar, District Raipur (C.G.). 2 - Amit Jeevan S/o Lakhiram Jeevan Aged About 54 Years R/o M-7, Rajeev Nagar, Raipur, District Raipur (C.G.) ... Respondents For Petitioner : Mr. Shobhit Kosta, Advocate For Respondent /State : Mr. Shakib Ahmed, Panel Lawyer For Respondent No. 2 : Mr. Hari Agrawal, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 08/05/2025 2 1. This petition has been filed under Section 482 of the Cr.PC for quashment of FIR dated 17.09.2021 bearing Crime no.205/21 for offence punishable U/s 420, 467, 468, 471 of IPC registered by the Police Station- Rajendra Nagar, District- Raipur, C.G (Annexure P-1). 2. Relevant facts for disposal of this petition are that petitioner /accused (Ashwani Mishra) projected himself to be the Director of Pal News Media Private Limited and offered the respondent No.2complainant to work together and they will establish their own news channel named and style as ‘Alive 24 Media Tech. Subsequently, an agreement (Business Associate Agreement) was entered between the parties on 30/5/2018 and as per terms of said agreement, the complainant would pay Rs 15,00,000/- quarterly to the Pal News Media Pvt. Ltd for screening/distribution of their news channel (Alive 24 Media Tech) in various platforms in Chhattisgarh, to which, the amount has been paid/deposited to petitioner/Ashwini Mishra through RTGS. Later on, petitioner asked to deposit Rs. 3 Lakhs for purchase of Live View Machine, which was deposited by the complainant and till date no machine has been received. Complainant further deposited the amount to the Grand Channel and Hathway for screening of the news channel (Alive 24 Media Tech) and also made numerous other expenses as such total about Rs.23,00,000/- for launching of their news channel, but till date petitioner/Ashwini Mishra has not complied with his part of the agreement, despite repeated request 3 of the complainant. Later, when the complainant contacted the concerned person in the office of Pal News Media Pvt. Ltd., he came to aware of the fact that the petitioner/accused is not the Director of the Pal News Media Pvt. Ltd and all the money which was deposited/paid by complainant were siphoned off by the accused by creating fake bank account. Hence, respondent No.2/complainant lodged the complaint before the concerned Police Station and based upon which aforesaid offence has been registered against the petition. Hence, this petition. 3. At the very outset, learned counsel for the petitioner submits that the compromise has taken place between the parties, for which, an agreement dated 27.09.2024 has been executed between them. As per said agreement, the petitioner shall paid Rs.35,00,000/- to the respondent No.2/complainant. Copy of said agreement is placed on record alongwith covering memo dated 07.05.2025. Hence, it is prayed that alleged FIR dated 17.09.2021 may be quashed looking to settlement between the parties. 4. Learned State Counsel as well as learned counsel for the respondent No.2/complainant also supported the fact of compromise between the parties. 5. We have heard learned counsel for the parties and perused the agreement executed between the parties. 6. Considering the above facts, submissions of counsel for the parties, particularly the agreement dated 27.09.2024 executed between the parties, the instant petition is disposed of at this 4 stage directing the concerned Investigation Officer to verify the compromise executed between the parties and, thereafter, submit the report before the appropriate Authority within a six weeks from the date of receipt of copy of this order. Sd/- /- Sd/- /- S S Sd/ (Arvind Kumar Verma) (Ramesh Sinha) JUDGE CHIEF JUSTICE J.