Chattisgarh High Court
Kundan Kumar Badge vs State Of Chhattisgarh on 3 May, 2024
Bench: Ramesh Sinha, Rajani Dubey
Neutral Citation
2024:CGHC:16144-DB
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 395 of 2022
Kundan Kumar Badge S/o Late Parasar Badge, Aged About 42 Years
Presently Posted And Working As Head Constable, Operating
Department Roaster, Gondia, Railway Division Nagpur (Maharashtra)
Permanent R/o Gali No. 4, Ward No. 19, Mamta Nagar Rajnandgaon
(Chhattisgarh), District : Rajnandgaon, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Station House Officer, Police Station
Kotwali, Rajnandgaon Chhattisgarh., District : Rajnandgaon,
Chhattisgarh
2. Smt. Poonam Tiwari, W/o Late Deepak Tiwari, Aged About 51 Years
House No. 6, Gali No. 7, Ward No. 17, Mamta Nagar, Rajnandgaon
(Chhattisgarh), District : Rajnandgaon, Chhattisgarh
---- Respondents
(Cause title taken from Case Information System) For Petitioner : Ms. Priyanka Rai, Advocate holding brief of Mr. Abhishek Thakur, Advocate For State/Respondent No.1 : Mr. Pankaj Singh, Panel Lawyer For Respondent No.2 : Ms. Dhaneshwari Patel, Advocate holding brief of Mr. P.K. Patel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Order on Board Per Ramesh Sinha, Chief Justice 03.05.2024
1. Heard Ms. Priyanka Rai, Advocate holding brief of Mr. Abhishek Thakur, Neutral Citation 2024:CGHC:16144-DB 2 learned counsel appearing for the petitioner. Also heard Mr. Pankaj Singh, learned Panel Lawyer appearing for the State/respondent No.1 and Ms. Dhaneshwari Patel, Advocate holding brief of Mr. P.K. Patel, learned counsel appearing for respondent No.2.
2. This petition under Section 482 of Cr.P.C. has been filed by the petitioner for quashment of FIR bearing Crime No. 707/2021 dated 29.10.2021 registered at Police Station- Kotwali, Rajnandgaon, District- Rajnandgaon, for the offence registered under Sections 420, 206, 418/34 of IPC.
3. Learned counsel appearing for the petitioner submits that the matter has been settled between the petitioner and the complainant. Further, she states that in the matter of identically situated co-accused, learned Single Judge vide order dated 20.10.2023 passed in Cr.M.P. No. 2226/2023 quashed the proceedings on account of compromise arrived at between the parties and, therefore, on the same ground, the FIR may be quashed in the present case.
4. Ms. Dhaneshwari Patel, Advocate holding brief of Mr. P.K. Patel, learned counsel appearing for the complainant/respondent No.2 also confirms the factum of compromise between the parties.
5. Mr. Pankaj Singh, learned Panel Lawyer, appearing for the State submits that in pursuance of the compromise entered between the petitioner and complainant as stated by learned counsel for the respective parties, he has no objection in quashing the FIR.
6. Though parties have stated about compromise between them but nothing has been filed by them to substantiate the said fact, thus considering the facts and circumstances of the case, the present petition Neutral Citation 2024:CGHC:16144-DB 3 is disposed of with a direction to the petitioner to appear along with the complainant before the Investigating Officer who shall verify the compromise entered between them and submit a police report under Section 173(2) of the Cr.P.C. within a period of six week from today before the competent Court in accordance with law.
7. The petitioner is directed to produce the copy of this order before the SP/SSP concerned for information and compliance within a week from today.
Sd/- Sd/
(Rajani Dubey) (Ramesh Sinha)
Judge Chief Justice
Ruchi