Premkumar Saluja Vs State of Chhattisgarh

1. Premkumar Saluja S/o Omprakash Saluja Aged About 61 Years R/o Raj Shoe Store, Kali Mandap Road, Police Station Sariya, District Giridih (Jharkhand)

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2. Smt. Rajni Saluja W/o Premkumar Saluja Aged About 50 Years R/o Sariya, Police Station Sariya, District Giridih (Jharkhand)

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3. Anmol Saluja S/o Premkumar Saluja Aged About 24 Years R/o Raj Shoe Store, Kali Mandap Road, Police Station Sariya, District Giridih (Jharkhand)

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---- Petitioners

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versus

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1. State of Chhattisgarh Through Station Incharge Kotwali, District Raigarh Chhattisgarh

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Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2024.11.27 18:45:05 +0530

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2. Gaurav Saluja S/o Late Shri Rajendra Kumar Saluja Aged About 27 Years R/o Palace Road, P. S. Kotwali, District Raigarh Chhattisgarh

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---- Respondents

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For Petitioners : Mr. Anumeh Shrivastava, Advocate. : For Respondent/State Mr. Hariom Rai, Panel Lawyer. For Respondent No. 2 : Mr. Hari Agrawal, Advocate.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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27. 11.2024

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1. Heard Mr. Anumeh Shrivastava, learned counsel for the petitioners in both the cases. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for the State in both the cases and Mr. Hari Agrawal, learned counsel, appearing for respondent No. 2 in both the cases.

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2. The both petitions have been filed by the petitioners with the following prayers:

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“ i) quash/set aside the FIR of Crime No. 423 of 2022 under Sections 406, 420, 495 read with 34 of the IPC registered against the petitioner in Police Station – Kotwali, District – Raigarh, C.G. and resultant Criminal Case No. 782 of 2022, under Section 406, 420, 494, 495 read with Section 34 of the IPC, pending before Chief Judicial Magistrate, District Raigarh (C.G.)

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(Annexure P/1 Colly).

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ii) or any other relief as the Hon’ble Court deem fit in the interest of justice, equity and good conscious. ”

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3. Learned counsel for the petitioners submits that on 07.11.2024, this Court referred the present matter for the Mediation Centre of this Court on 13.11.2024, and the matter has been amicably settled between both the parties before the Mediator with the various terms and conditions of both the parties.

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4. On the other hand, learned counsel, appearing for respondent No.2/complainant also endorse the said submission made by the learned counsel for the petitioners and stated that compromise arrived at between the parties.

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5. We have heard learned counsel for the parties and considered their rival submissions made hereinabove and also went through the records with utmost circumspection.

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6. From OfÏce note dated 14.11.2024, it is evident that the Mediator after conducting mediation sessions has informed vide report dated 13.11.2024 that both the parties present for mediation. After the joint and single session between the parties, the issue between the parties have been amicably settled.

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7. In view of the submission made by the learned counsel for the parties and the compromise entered between the parties, which is evident from the OfÏce note dated 14.11.2024, in which report of mediation dated 13.11.2024 is annexed, the present petition is allowed

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and the FIR bearing Crime No. 423 of 2022 registered at Police Station – Kotwali, District Raigarh (C.G.) for the offences punishable under Section 406, 420, 494 read with Section 34 of the IPC and subsequent criminal proceedings bearing Criminal Case No. 782 of 2022 against the petitioners are hereby quashed subject to the condition that the petitioners shall comply with the terms and conditions of the settlement arrived at between the parties before the Mediation Centre of this Court dated 13.11.2024.

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Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Premkumar Saluja v. State of Chhattisgarh

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Premkumar Saluja v. State of Chhattisgarh

Case brief

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