VIKAS KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed for quashing of the criminal proceedings in connection with FIR No. 32/2016, registered at police station Pendra, District Bilaspur (now District Gourela-Pendra-Marwahi) C.G., for the offence punishable under Sec. 384 of Indian Penal Code and Sec. 3 and 4 of Karja Act and also praying for quashment of entire charge sheet, judgment dtd. 23/9/2021 passed by the Chief Judicial Magistrate Pendra Road in Criminal Case No. 270/2016 and also the proceeding of Additional Sessions Judge, Pendra Road in Criminal Appeal No. 14/2021.

(2.) It is condended that both the parties have settled the dispute and the statements of the parties have been recorded and they have contended that they do not want to further continue with the criminal case as they have entered into the compromise, therefore, the proceedings of the criminal case may be quashed. The parties have filed a joint compromise application (Annexure-P/3) before the trial Court under Sec. 320(2) of Cr.P.C, in which the statement of respondent No. 2 was also recorded.

(3.) As per the case of the complainant/respondent No. 2, he has taken loan from the petitioner and in lieu of which he has given a cheque to the petitioner, which was returned by the concerned bank and hence the petitioner has preferred a complaint under Sec. 138 of Negotiable Instrument Act against the respondent No. 2 before the competent Court. Thereafter, the respondent No. 2 has lodged false and baseless FIR No. 32/2016 at PS. Pendra against the petitioner under Sec. 384 of IPC and Sec. 3 and 4 of Karja Act, in which after completion of investigation, the police has filed the charge-sheet and learned trial Court has framed the charges under the same Ss. and the case was fixed for prosecution witnesses, during the trial the prosecution has examined as many as 8 witnesses before the trial Court. During the trial, as the proceeding of Sec. 138 of NI Act was also pending against the respondent No. 2, both the parties mutually agreed to settle the entire dispute and hence jointly preferred compromise application before the trial Court under Sec. 320(2) of Cr.P.C, in which the statement of respondent No. 2 was also recorded. Certified copy of compromise application and compromise statements are collectively filed as Annexure-P/3. On the basis of above mentioned compromise, the learned trial Court has acquitted the petitioner from the offence punishable under Sec. 3 and 4 of Karja Act but convicted him under Sec. 384 of IPC vide judgment dtd. 23/9/2021 (Annexure-P/4). Thereafter, against the said judgment, the petitioner has preferred Criminal Apeeal No. 14/2021 before the Court of Additional Sessions Judge, Pendra Road, under Sec. 374 of Cr.P.C. (Annexure-P/5 and P/6). On the other hand, the trial Court had convicted the respondent No. 2 on the complaint of petitioner filed under Sec. 138 of NI Act (Annexure-P/7). After that respondent No. 2 has preferred an appeal, in which both the parties mutually settled their dispute and Lok-Adalat has passed the award on 14/9/2019 on the basis of compromise entered between the parties (Annexure-P/8). Now the petitioner and respondent No. 2 have amicably settled their dispute and hence prays for quashment of entire criminal proceedings pending against the petitioner.