Bombay High Court
Shri. Navneet Kumar S/O. Naresh ... vs The State Of Maharashtra Thr The Police ... on 6 February, 2018
Author: M.G. Giratkar
Bench: R. K. Deshpande, M. G. Giratkar
1 jg.apl 200.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Application (APL) No. 200 of 2017
Applicants : (1) Shri Navneet Kumar s/o Naresh Aggarwal,
aged about 31 years,
r/o 30/B, Road No. 78
West Punjabi Bag, New Delhi 110 034.
(2) Shri Naresh s/o Mangiram Aggarwal,
aged about 62 years,
r/o 30/B, Road No. 78
Punjabi Bag, New Delhi 110 034.
(3) Shri Ramawatar s/o Phoolchand Goel
r/o Morya Enclave, North-West New Delhi.
// Versus //
Respondents :- (1) The State of Maharashtra,
through the Police Station Incharge,
Hudkeshwar Police Station, Nagpur City,
Tah. and Dist. Nagpur.
(2) Shri Shiv Jagdishchandra Gupta
aged about 42 years,
Proprietor of M/s. B. B. Minerals & Metals,
r/o 59, Rajewshwar Park, Besa,
Dist. Nagpur 441 502.
Shri Harish V. Thakur, Advocate for the applicants
Shri A. M. Deshpande, Additional Public Prosecutor for the respondent
no. 1
Shri Linkan S. Bande, Advocate h/f Shri S. A. Chaudhari, Advocate for
the respondent no. 2
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
Date : 6/2/2018.
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Judgment (Per : M.G. Giratkar, J)
Rule. Rule made returnable forthwith.
2. The applicants have challenged the registration of First
Information Report (FIR) No. 127/2017 dated 24-2-2017 by Police
Station, Hudkeshwar, Nagpur for the offences punishable under Sections
406 and 420 read with Section 34 of the Indian Penal Code.
3. It is alleged in the FIR that informant/respondent no. 2 is
running a business at Besa, District Nagpur under the name of M/s. B. B.
Minerals and Metals. The respondent no. 2 is having business relations
with company named Action Ispat and Power Private Limited having
its office at Preetampura, New Delhi. As per the business dealings,
respondent no. 2 used to supply charcoal to the company of the
applicants.
4. As per the report of the respondent no. 2, there was some
outstanding balance amount of Rs. 32 Lakhs in respect of the earlier
business dealings. On 20-10-2015, charcoal for an amount of
Rs. 16,09,018/- was purchased by the applicants. The applicants
closed Power Plant in Jharsukada in the State of Orissa and refused to
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make payment. It is alleged by the respondent no. 2 that the applicants
cheated to the tune of Rs. 48,09,018/-.
5. It is submitted by the applicants that allegations levelled
against the applicants are in respect of business transactions and it is of
civil nature, the respondent no. 2 could have filed civil suit and,
therefore, prayed to quash the FIR registered against the applicants.
6. During the pendency of the application, the applicants and
the respondent no. 2 settled their dispute and filed joint application
bearing Criminal Application (APPP) No. 179/2018. It is stated in the
joint application by the applicants and the respondent no. 2 that the
respondent no. 2 settled his dispute with the applicants. The applicants
have paid outstanding amount of Rs. 25,00,000/- to the respondent
no. 2 and, therefore, prayed to quash FIR No. 127/2017 registered by
Police Station, Hudkeshwar, Nagpur for the offence punishable under
Sections 406 and 420 read with Section 34 of the Indian Penal Code.
7. Heard learned counsel appearing for the respective parties.
As per the joint application, both parties have settled their dispute
between them. The respondent no. 2 who lodged the report against the
applicants received amount of Rs. 25,00,000/- and settled his account
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with the applicants and now, he has no grievance to quash FIR registered
against the applicants.
8. As the complainant/respondent no. 2 and applicants have
settled their dispute, the respondent no. 2 settled his account and
received balance amount of Rs. 25,00,000/- from the applicants.
9. In view of settlement, no fruitful purpose will be served by
keeping the prosecution pending against the applicants. There would not
be any chance of conviction against the applicants. Hence, in view of the
judgment of the Hon'ble Apex Court in the case of Narinder Singh and
ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466, FIR
registered against the applicants is liable to be quashed and set aside. In
the result, we pass the following order.
ORDER
(i) The criminal application is allowed in terms of prayer clause (A) and we quash and set aside First Information Report No. 127/2017 dated 24-2-2017 registered by Police Station Hudkeshwar, Nagpur City, District Nagpur against the applicants in respect of offences punishable under Sections .....5/-
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(ii) No order as to costs.
(iii) Rule is made absolute in aforesaid terms.
JUDGE JUDGE
wasnik
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