ROOPANSHI JAYANT BHATT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners herein seek quashment of FIR No. 172/2020 registered against them by the respondent No. 2/complainant at Police Station Pandri, Raipur for offence punishable under Section 420 of IPC mainly on the ground that the dispute pertaining between the parties is a pure and simple civil dispute and the continuance of further proceedings of the FIR would be a serious abuse of the process of the Court as looking to the ingredients of the FIR, no offence under Section 420 of the IPC is made out against the petitioners, and on the additional ground taken by the petitioners that at the time of grant of bail to petitioner No. 2 under Section 439(1) of CrPC, the dispute has been settled amicably between the parties as the petitioners had already paid the amount of ? 25,00,000/- to respondent No. 2/complainant and now, during the pendency of this writ petition, two post-dated cheques amounting to ? 70,00,000/- have also been issued in favour of respondent No. 2/complainant.

(2.) Pursuant to the filing of the instant writ petition, respondent No. 2/complainant has also filed an affidavit before the Court stating that two post-dated cheques of ? 70,00,000/- have already been issued by the petitioners in his favour, as such, the dispute has been settled amicably between him and the petitioners.

(3.) Mr. Rajesh Sharma, learned counsel for the petitioners, would submit that though no offence under Section 420 of IPC is made out against the petitioners as per the challenge made in the instant petition as the dispute between the petitioners and respondent No. 2/complainant is purely of civil nature, yet by way of precaution and by acting bonafidely, the disputed amount has already been paid by the petitioners which has been accepted by respondent No. 2/complainant, therefore, the FIR in question deserves to be quashed on merits as well as on the basis of compromise.