ISHWAR BHAI SALAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition has been filed for quashment of an FIR bearing No.0423 dtd. 8/10/2017(Annexure A-1) registered under Sec. 406 read with Sec. 34 of IPC against the petitioners before the Police Station Pulgaon, District Durg, C.G.

(2.) Brief facts of this case are that a complaint was made by respondent No.2 Anup Agrawal that certain machinery was supplied to him by the petitioners which was to be used for construction of the road and the advance was received. There has been certain transactions took place and though the machinery was returned but the amount was withheld by the petitioners. Thereby committed breach of trust.

(3.) Learned counsel for the petitioners submits that the entire transaction was of commercial nature and it was settled between the parties that the advance which is held would be adjusted in the future dealing and subsequently the compromise has been arrived at in between the parties, which would be evident from the statement made, therefore, the FIR lodged against the petitioners may be quashed.