NITESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed by the Petitioners seeking for quashment of the FIR, registered as Crime No.139 of 2016, at Police Station Khamtarai, District Raipur as also the charge-sheet framed for the offence under Ss. 407, 409, 419, 420, 467, 468, 471 and 120-B of IPC filed before the Chief Judicial Magistrate, Raipur.

(2.) Case of the prosecution in brief is that a complaint was made by Respondent No.2 against the Petitioners and the other accused persons alleging that the company to which he is representing, i.e., M/s Inland World Logistic Private Ltd., which is a company based at Raipur, has been cheated by the the Petitioners and the other accused persons inasmuch as aluminum ingots and aluminum wires loaded in four Trucks have been misappropriated and sold in the open market on the basis of fake documents used by the alleged Transporters and the Transport Contractors. It is said that there was a huge conspiracy played by the Petitioners and other accused persons inasmuch as the consignment was ordered to send from Raipur to Bangalore and the consignment in fact did not reach the destination and it was found that the consignment en route was sold by some of the accused persons to one Sandeep Bansal, also an accused person, who in turn has sold the said consignment to the present Petitioners through a mediator namely Hakimuddin who is also an accused person.

(3.) Shri Surendra Singh, learned Senior Counsel for the Petitioners, submits that pending the investigation before the authority concerned, the Complainant/Respondent No.2 has resolved the dispute that they have with the Petitioners and have compromised the matter and they do not want to prosecute the Petitioners any further and therefore want the matter to be settled once and for all so far as the present Petitioners are concerned. He further submits that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, which is resulted in the subject matter of the aforementioned crime/case and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the case have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the financial, administrative and financial resources of the State.