Ashok Sahu Vs State of Chhattisgarh

Vinod Kumar S/o Devsharan Prasad, presently Aged About 51 Years R/o Flat No. 02 Block No. E-4 Chauhan Town Junvani Bhilai , P.S Smriti Nagar, District Durg (C.G)

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--- Petitioner(s)

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Versus

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1 - State of Chhattisgarh Through Its Secretary, Department Of Home , Mahanadi Bhavan, Atal Nagar, Naya Raipur , District Raipur (C.G)

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2 - The Director General Of Police, Plice Department , New Raipur District Raipur Chhattisgarh

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3 - Superintendent Of Police, Rajnandgaon, District - Rajnandgaon Chhattisgarh

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4 - Station House Officer, Police Station Lalbag, District Rajnandgaon Chhattisgarh

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5 - Mulchand Sahu S/o Late Khilal Sahu R/o Village Sukhri, Police Station Lalbag, District Rajnandgaon Chhattisgarh

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--- Respondent(s)

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For Petitioner(s) : Ms. Uttara Dewangan, Advocate. For Respondent No. 1 to 4 : Mr. Sangharsh Pandey, Government Advocate

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Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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18/06/2025

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1. Heard Mr. Pramod Ramteke and Ms. Uttara Dewangan, learned counsel for the respective petitioners as well as Mr. Sangharsh Pandey, learned Government Advocate for the State.

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2. Since the facts and issue involved in the above two petitions are identical, they are being considered and decided by this common order.

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3. The petitioner(s), in Cr.M.P. No.270/2023, has prayed for the following relief(s):

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“It is therefore prayed that this Hon’ble Court may kindly be pleased to allow the petition and pleased to quash the impugned order dated 06.12.2022 (Annexure P/1) and also be pleased to quash the entire criminal proceedings of the case bearing Criminal Case No. 2552/2018 pending before the Chief Judicial Magistrate, Rajnandgaon, District Rajnandgaon (C.G.)

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arising out of Crime No. 144/2018 registered at Police Station, Lalbag, District Rajnandgaon, (C.G.) in the interest of justice.”

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4. The petitioner, in Cr.M.P. No. 1647/2025, has prayed for the following relief(s):

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“1. That, Hon’ble Couurt may kindly be pleased to allow the instant petition under Section 528 of the BNSS 2023 filed by the petitioner, in the interest of justice.

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2. That, Hon’ble Court may kindly be pleased to quash the impugned FIR bearing No. 144/2018 registered on dated 22.04.2018 at Police Station, Lalbag, District Rajnandgaon, Chhattisgarh, filed under Section 420, 506, 34 of the IPC in respect of the case of the petitioner, in the interest of justice.

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3. That, the Hon’ble Court may kindly be pleased to quash entire charge sheet dated 20.09.2019 before the learned Chief Judicial Magistrate, Rajnandgaon, Chhattisgarh under Section 420, 506, 34 of the IPC against the petitioner in the interest of justice.

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4. That, Hon’ble Court may kindly be pleased to quash impugned charges framed against the petitioner (Annexure A-1) in Criminal Case No. 2552/2018 against the petitioner, in the interest of justice.

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5. That, the Hon’ble court may kindly grant any other reliefs in favour of the petitioner, which the Hon’ble Court deemed fit and just in the facts and circumstances of the case, in the interest of justice.”

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5. The facts in brief, as projected by the petitioners are that an FIR was lodged by the private respondent-Mulchand Sahu against the petitioners alleging that they fraudulently obtained Rs. 3 Lacs from him on the pretext of providing employment to his son. As such, an FIR bearing Crime No. 0144/2018 was registered at Police Station, Lalbag, District Rajnandgaon, for the offences punishable under Sections 420, 506 and 34 of the Indian Penal Code ( for short, the IPC ). After completion of the investigation, charge sheet was filed before the Chief Judicial

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Magistrate, Rajnandgaon, on 18.09.2018 and a case being Criminal Case No. 2552/2018 was registered. The learned Chief Judicial Magistrate, Rajnandgaon has framed charges against the petitioners vide order dated 10.04.2019 and the trial is going on. Thereafter, on 06.09.2022, the petitioners Pushpa Sahu and Mulchand Sahu filed an application under Section 320 of the Cr.P.C. before the learned Chief Judicial Magistrate, seeking quashing of the criminal proceedings in view of the amicable settlement arrived at between the petitioners and the complainant which stood rejected vide order dated 23.09.2022 against which a revision was filed which was also dismissed on 06.12.2022 by the learned 3^rd Additional Sessions Judge, Rajnandgaon.

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6. Mr. Pramod Ramteke and Ms. Uttara Dewangan, learned counsel for the respective petitioners submit that as the petitioners have settled their dispute amicably with the private respondent as the petitioners have returned the money as claimed by the private respondent, the FIR and the consequential criminal proceedings may be quashed in view of the law laid down by the Apex Court in Manoj Sharma v. State and others, {(2008) 16 SCC 1}, B.S. Joshi v. State of Haryana & others , {(2003) 4 SCC 675} and Gian Singh v. State of Punjab & another , {(2012) 10 SCC 303}, the impugned FIR and the consequential criminal proceedings, may be quashed.

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7. On the other hand, Mr. Sangharsh Pandey, learned Government Advocate submits that as the respondent No. 3 had made a complaint which disclosed commission of cognizable offence, the police was bound to register the FIR against the petitioners herein. After investigation, the charge sheet has already been filed and the charges have also been framed against the petitioners and as such, these petitions deserve to be dismissed.

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8. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto.

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9. A learned Single Judge of this Court, in Cr.M.P. No. 270/2023, had granted an interim protection to the petitioners therein that the further proceedings of the Criminal Case No. 2552/2018 pending before the Chief Judicial Magistrate, Rajnandgaon, shall remain stayed by its order dated 21.08.2024. On the said date, the learned Single Judge had directed the petitioners therein to implead the complainant as party respondent. In compliance of the same, the complainant-Mulchand Sahu was duly impleaded as party-respondent on 13.09.2024.

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10. From perusal of the materials available on record, it transpires that charges have been framed against the petitioners on 10.04.2019 and the trial is pending consideration. It further transpires that the petitionersAshok Sahu and Pushpa Sahu had filed an application under Section 320 of the Cr.P.C. for compounding of the offence on the ground of amicable settlement before the learned Chief Judicial Magistrate, Rajnandgaon, which was rejected vide order dated 23.09.2022 against which the petitioners-Ashok Sahu and Pushpa Sahu had filed a revision before the learned Third Additional Sessions Judge, Rajnandgaon, which also stood dismissed. When the dispute have been amicably settled, there seems no justification to continue with the criminal proceedings.

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11. It is an admitted position that the petitioners and the private respondent have settled their dispute amicable for which the petitioners Pushpa Sahu and Mulchand Sahu had filed an application under Section 320 of the Cr.P.C. for quashing of the criminal proceedings on the basis of amicable settlement and it is stated at the bar by learned counsel appearing for the petitioners that the money which was alleged to have

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been cheated by the petitioners have been returned to the private respondent.

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12. As the petitioners and the private respondent-Mulchand Sahu have mutually resolved their disputes amicably and keeping in mind the ratio laid down by the Apex Court in Manoj Sharma (supra), B.S. Joshi (supra) and Gian Singh (supra) and also taking into consideration that the dispute between the parties from which the impugned FIR has emanated has been amicably settled, this Court is of the view that no useful purpose would be served in proceeding any further against the petitioners in these matters.

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13. In view of the above, the FIR bearing Crime No. 144/2018, registered on 22.04.2018 at Police Station, Lalbag, District Rajnandgaon, the charge sheet dated 20.09.2019, the order dated 10.04.2019 passed by the learned Chief Judicial Magistrate, Rajnandgaon, framing charges against the petitioners in Criminal Case No. 2552/2018 and the order dated 06.12.2022 passed in Criminal Revision No. 52/2022, stand quashed, subject to the fulfillment of the terms and conditions of the settlement agreement.

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14. Resultantly, both the above petitions stand allowed .

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Sd/Sd/(Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE

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Amit

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AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.19 18:53:50 +0530

Ashok Sahu v. State of Chhattisgarh

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Ashok Sahu v. State of Chhattisgarh

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