Disposed

Rajesh Harjpal v. State of Chhattisgarh

Chhattisgarh HC28 Oct 2021CRMP/764/2019

Case brief

AI extract

What is this about?

High Court held that where parties compromised and payment was made during pendency, the High Court should not grant quashing. Petitioner must file a compoundability application under Section 320 CrPC before the trial court, causing the present petition to remain disposed off with a direction to file the application.

What did the court decide?

Petition disposed off with direction to file application under Section 320 CrPC before JMFC, Bilha.

Rajesh Harjpal Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2021)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 764 of 2019

¶4

Rajesh Harjpal S/o Kanhaiyalal Harjpal, Aged About 45 Years, R/o Telipara, Medical Complex Bilaspur, Police Station- City Kotwali, Tahsil, Civil and Revenue District- Bilaspur, Chhattisgarh.

¶5

---- Petitioner

¶6

Versus

¶7

State of Chhattisgarh Through Secretary, Home (Police) Department, Mahanadi Bhawan Mantralaya, New Raipur, Police Station Kewli, Tahsil, Civil and Revenue District- Raipur, Chhattisgarh.

¶8

Superintendent of Police Bilaspur, Police Station Civil Lines, Tahsil, Civil and Revenue District- Bilaspur, Chhattisgarh.

¶9

Station House Officer Police Station Sakri, Tahsil, Civil and Revenue DistrictBilaspur, Chhattisgarh.

¶10

Dilip Agrawal S/o Baijnath Agrawal, Aged About 36 Years, R/o Gitanjali City, Phase-I, Bahatari, Police Station Sarkanda, Tahsil and District Bilaspur, Chhattisgarh.

¶11

--- Respondents

¶12

For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate. For State/Respondent No.1 to 3 : Mr. Aditya Tiwari, PL. For Respondent No.4. : Mr. Hemant Kesharwani, Advocate.

¶13

Hon'ble Shri Justice Parth Prateem Sahu Order on Board

¶14

28/10/2021

¶15

Heard.

¶16

Petitioner has filed this petition under Section 482 of Code of Criminal Procedure, 1973 seeking quashment of FIR dated 09.03.2019 (Annexure A-1). During pendency of this petition, final report was submitted by the Police after due investigation, charges have been framed and as intimated by learned counsel for the parties, now case is fixed for recording of evidence of witnesses.

¶17

Learned counsel for petitioner submits that during pendency of this petition, compromise has been arrived at between the parties on 02.10.2021. In terms of compromise, petitioner has paid entire disputed amount of Rs.3,77,000/- to respondent No.4, therefore, FIR as well as criminal proceedings pending before Court of JMFC, Bilha be quashed. He also submits that statement of the parties have also been recorded before Additional Registrar (Judicial) of this Court in

¶18

¶19

which they have admitted that they have entered into compromise and disputed amount is paid to respondent No.4.

¶20

Learned counsel for respondent No.4 does not dispute the submissions made by learned counsel for petitioner of entering in compromise and submits that respondent No.4 has received Demand Draft of Rs.3,77,000/-, hence, he is having no objection in granting relief to petitioner as prayed by him.

¶21

Heard learned counsel for the parties.

¶22

Instant petition is filed relief of seeking quashment of FIR only. No prayer is made in petition or any application is filed for compounding of offences as registered against the petitioner. The prayer as it appears is for compounding of offence. During pendency of this petition, charge-sheet is filed, charges framed and case is at the stage of recording evidence.

¶23

Undisputedly petitioner and respondent No.4 have entered into compromise, petitioner has also paid entire disputed amount, as mentioned in FIR. Hence, it is for the petitioner to file an appropriate application under Section 320 of Cr.P.C. before the concerned Court for consideration, more so when offence under Section 420 is compoundable under Section 320 of Cr.P.C and JFMC before whom case is pending is having jurisdiction to pass appropriate orders on an application filed under Section 320 of Cr.P.C.

¶24

In view of above, this petition stands disposed off with aforesaid observation. However, if the petitioner files an application under Section 320 of Cr.P.C before the Court of JMFC, Bilha in pending criminal case, the same shall be decided at the earliest in accordance with law.

¶25

Sd/- (Parth Prateem Sahu) Judge

¶26

Jamal/-

Rajesh Harjpal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajesh Harjpal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maninath Sarvate @ Nanku Vs State of Chhattisgarh

Rajesh Dhruve Vs State of Chhattisgarh

Akash Soni, Vs State of Chhattisgarh

M/S Pooja Traders Vs State of Chhattisgarh

Jageshwar Alias Jaggu Sahu Vs State of Chhattisgarh

Sabir Khan Vs State of Chhattisgarh