Pradeep Khandelwal Vs State of Chhattisgarh

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2025:CGHC:39418-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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AMARDEEP CHOUBEY

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Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.08 18:46:19 +0530

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CRMP No. 279 of 2023

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Pradeep Khandelwal S/o Late Hazarilal Khandelwal Aged About 54 Years R/o Lotus-2, Talpuri International Colony, Risali, Bhilai, District : Durg, Chhattisgarh

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... Petitioner

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versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Durg Kotwali, District : Durg, Chhattisgarh

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2 - Barkha Khandelwal W/o Sanjay Khandelwal Aged About 49 Years R/o Besides Kamla Medical Store, Chigri Para, Ward No.6, Supela Market, G.E. Road Bhilai, District : Durg, Chhattisgarh

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... Respondents

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For Petitioner : Mr. Siddharth Shukla, Advocate. For Respondents-State : Mr. Hariom Rai, Panel Lawyer. For Respondent No.2 : Mr. Vipin Tiwari, 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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07.08.2025

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In the present petition, the petitioner has prayed for following relief:-

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“ i. To Set-Aside and Quash the Final Report dated 21^st

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December 2022 filed by the Respondent No.1 against the Petitioner.

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ii. To Set-Aside and Quash the FIR No. 827/2020 dated 18^th November 2020 registered against the Petitioner.

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iii. Pass any other relief/order or direction, as this Hon'ble Court deems fit and proper looking to the facts and circumstance of the case in the interest of justice.”

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(A) Learned counsel for the petitioner submits that in the present case Satish Khandelwal, Shyam Khandelwal, Kiran Khandelwal, Shail Khandelwal, Anita Khandelwal, Respondent No.2 and Petitioner are owners of land situated in Village Kurud, Tehsil & District -Durg. Kiran Khandelwal, Shail Khandelwal, Anita Khandelwal and Respondent No.2 are joint owners of Khasra No. 1453/1, 1453/2, 1454, 1455, 1456, 1457, 1458 and 1460 admeasuring 0.51 Hectares situated in Village - Kurud, Tehsil & District - Durg whereas Satish Khandelwal, Shyam Khandelwal, Petitioner and Sanjay Khandelwal (Husband of Respondent No.2) are joint owners of Khasra No. 1472/1 and 1474/1 situated in Village - Kurud, Tehsil & District – Durg.

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(B) Learned counsel for the petitioner would submit that Satish Khandelwal, Shyam Khandelwal, Kiran Khandelwal, Shail Khandelwal and Anita Khandelwal had executed Registered Power of Attorney dated 14^th January 2019 in favour of petitioner for the purpose of Sale of Khasra No. 1453/1, 1453/2, 1454, 1455, 1456, 1457, 1458,1460, 1472/1 and 1474/1 situated in Village Kurud, Tehsil & District Durg. In pursuance to the same, the petitioner had

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executed Agreement to Sale dated 22^nd May 2019 with Mr. Nagendra Mishra for sale of aforesaid lands alongwith other lands, wherein Rs. 1 Crore was also received in the Axis Bank Account of petitioner. He submits that due to typographical error, the petitioner had executed the Agreement to Sale dated 22^nd May 2019 in respect of respondent No.2 and her husband. It is submitted that the petitioner soon realized the error and executed another agreement to Sale dated 7^th August 2020 excluding the share of Respondent No.2. But Respondent No.2 without realizing the change/correction in Agreement to Sale for aforesaid lands, had filed the complaint and the FIR No. 827/2020 dated 18^th November 2020 was registered against the petitioner under Section 420 of IPC.

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(C) Learned counsel would further submit that the petitioner after acquainted with the FIR had also cancelled the Agreement to Sale dated 7^th August 2020 vide Cancellation of Agreement to Sale dated 28^th December 2020 and returned Rs. 1 Crore of Earnest Money to Mr. Nagendra Mishra and the subject lands stand in the joint ownership of Satish Khandelwal, Shyam Khandelwal, Kiran Khandelwal, Shail Khandelwal, Anita Khandelwal, Respondent No.2, Sanjay Khandelwal and Petitioner. Moreover, the dispute between the parties is civil in nature and they are belongs to same family.

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Learned counsel for the respondents opposes the submission made by learned counsel for the petitioner and would submit that

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the petitioner had executed sale deed with respect of the subject land with Mr. Nagendra Mishra and for the sale of said subject lands, Rs. 1 Crore has been received by the petitioner in his Axis Bank Account, hence, the petitioner has committed the alleged offence under Section 420 of the IPC.

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We have heard learned counsel for the parties and perused the pleadings and documents.

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Having considered the facts and circumstances of the case, the dispute between the parties is civil in nature, parties are belongs to same family; particularly considering that the petitioner after acquainted with the FIR, had cancelled the sale deed vide cancellation of agreement of sale dated 28/12/2020 and returned Rs.1 Crore of earnest money to Mr. Nagendra Mishra; and the subject lands stand in the joint ownership of parties i.e. Satish Khandelwal, Shyam Khandelwal, Kiran Khandelwal, Shail Khandelwal, Anita Khandelwal, Respondent No.2, Sanjay Khandelwal and Petitioner, the impugned FIR bearing Crime No.827/2020 dated 18/11/2020 registered at Police Station Durg Kotwali, District:Durg, Chhattisgarh for the offence under Section 420 of IPC, charge-sheet No.1207/2022 dated 21/12/2020 are quashed.

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Accordingly, the present petition is allowed .

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SD/SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

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Gowri/Amardeep

Pradeep Khandelwal v. State of Chhattisgarh

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Pradeep Khandelwal v. State of Chhattisgarh

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