Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:19236-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1168 of 2026
1. Abhishek Jain S/o Shri Dharmi Chand Jain Aged About 35 Years R/o Jyoti Nagar Shahpur, Bhilwara, Rajasthan 311404 Present Address Village And Post Dabla, Police Station And Tehsil Baneda, District- Bhilwara Rajasthan
2. Sanwar Lal S/o Shri Bardamram Aged About 38 Years R/o Kumhar Mohalla Village And Panchayat Sapla, Police Station Kekri , Tehsil Sarwad District- Ajmer, Rajasthan -305622
3. Suresh Gurjar S/o Shri Ramkunwar Gurjur Aged About 34 Years R/o Village And Post Sarasdi, Police Station And Tehsil Kekri, District- Ajmer, Rajasthan -305404
4. Om Prakash Sen S/o Shri Kailash Chand Sen Aged About 38 Years R/o Sadar Bazar Ward No. 04, Post Village Surkhand, Police Station Bhinay Tehsil Nangola District- Ajmer Rajasthan 305622
5. Patel Brijesh Kumar S/o Shri Patel Yogesh Bhai Aged About 30 Years R/o House No. 817, Mishra Ji Ka Rasta Chandpol Bazar Police Station Chandpol Jaipur, Jaipur City, Rajasthan -302001
... Petitioner(s) versus
1. State of Chhattisgarh Through The Station House Officer, Police Station Vidhan Sabha, Raipur Chhattisgarh
2. Atul Bansal S/o Shri Man Mohan Bansal Aged About 36 Years R/o E- 202 Avinash Capital Home 02, Saddhu, Raipur Chhattisgarh BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.04.27 17:56:59 +0530
2
3. Deepak Kundnani S/o Shri Khairajmal Kundanani Aged About 32 Years R/o E- 210 Avinash Capital House Phase 2, Saddhu, Police Station Vidhan Sabha District - Raipur (C.G.)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Akanksha Jain, Advocate. For Respondent/State : Mr. Prasun Bhaduri, Deputy Advocate General. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
27 .04.2026
1. Heard Ms. Akanksha Jain, learned counsel for the petitioners. Also heard Mr. Prasun Bhaduri, learned Deputy Advocate General, appearing for the State/respondent No. 1.
2. The present petition has been filed by the petitioners with the following prayers:
“a. That, the entire records pertaining to the Criminal Case No. 27256 of 2025 arising out of the FIR No.0324 of 2023 against the petitioners pending before the Additional Chief Judicial Magistrate, Raipur may be called for, and/or b. That, the Hon’ble Court may kindly be pleased to quash the FIR No. 0324 of 2023 dated 12.09.2023 registered against the petitioners for offence under Section 420 r/w Section 34 of the Indian Penal Code,
3 1860, registered at Vidhan Sabha Police Station, Raipur, charge-sheet No. 202 of 2025 dated 27.05.2025 and criminal proceedings in criminal case number 27256 of 2025 arsing out of the FIR No. 0324 of 2023 against the petitioners pending before the Additional Chief Judicial Magistrate, Raipur (Annexure P/1), on the basis of settlement between the parties and further may kindly be pleased to acquit the petitioners from the aforementioned offences, and/or c. This Hon’ble Court may kindly be pleased to direct the Court of the learned Additional Chief Judicial Magistrate, Raipur (C.G.) to consider and decide the application filed under Section 359 and 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has been pending since 29.09.2025 (part of Annexure P/1, page Nos. 189 to 192), within a time-bound period, and/or d. Any other relief which this Hon’ble Court may deem fit and proper in favour of the petitioner may kindly be pleased.”
3.
Learned counsel for the petitioners submits that the instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR, charge-sheet and entire criminal proceedings arising out of Crime No. 0324/2023 registered at Police Station Vidhan Sabha, Raipur, which has culminated into Criminal Case No. 27256/2025 pending before the learned Judicial Magistrate First Class, Raipur, for the offence punishable under Section 420 read with Section 34 of the IPC. The proceedings arise out of a complaint lodged by respondent No.2.
4
4.
Learned counsel for the petitioners further submits that as per the prosecution case, the complainant came into contact with co-accused Samyak Jain through a messaging application and was induced to invest in share market and other trading platforms on the assurance of high returns. It is alleged that certain application IDs and bank account details, allegedly belonging to the present petitioners, were provided for transfer of money. Acting upon such inducement, the complainant transferred substantial amounts; however, no returns were received, leading to registration of the FIR and subsequent implication of the petitioners. 5. It is further contended by the learned counsel, appearing fro the petitioners that after completion of investigation, charge-sheet has been filed and cognizance has been taken by the learned trial Court. Learned counsel submits that during pendency of the proceedings, the parties have amicably settled the dispute and a settlement deed dated 14.02.2025 has been executed. It is also submitted that an application under Sections 359(4) and 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has already been filed before the learned trial Court, which is still pending consideration. She further stated that the main accused, namely Samyak Jain, has already been discharged by the competent Court, and the petitioners had earlier approached this Court, however, the said petition was withdrawn with liberty to file afresh. It is thus contended that in view of the settlement and subsequent developments, continuation of the criminal proceedings would amount to abuse of the process of law. 5
6. Having regard to the facts and circumstances of the case, particularly the fact that the parties claim to have entered into a settlement and an application in this regard is already pending before the learned Additional Chief Judicial Magistrate, Raipur (C.G.), this Court is of the considered opinion that the ends of justice would be met if the said application is directed to be decided expeditiously in accordance with law. 7. Accordingly, the learned Additional Chief Judicial Magistrate, Raipur (C.G.) is directed to consider and decide the application filed by the parties under Sections 359(4) and 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, expeditiously, preferably within a period of three weeks from the date of receipt of a certified copy of this order, after affording due opportunity of hearing to all concerned parties and upon proper verification of the compromise/settlement deed in accordance with law. 8.
It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open to be decided by the learned trial Court in accordance with law. 9. With the aforesaid directions, the present petition stands
disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice Brijmohan