Kundan Kumar Vs State of Chhattisgarh

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NAFR

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Digitally signed by ALOK ALOK SHARMA SHARMA Date: 2025.10.09 10:52:51 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 371 of 2019

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1 - Kundan Kumar S/o Kamla Prasad Pandit Aged About 45 Years R/o Gaddighat, Post Basantpur, Thana Rupauli, District Purnia Bihar........(Accused), District : Purnia, Bihar

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... Petitioner(s)

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versus

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1 - State of Chhattisgarh Through The District Magistrate (Collector), Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Abraham Tirkey S/o Paulush Tirkey Aged About 62 Years R/o Jainam Vihar Colony, Lalpur, Post Office-Raipur Police Station Tikrapara Raipur District Raipur Chhattisgarh Chhattisgarh...........(Applicant), District : Raipur, Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Mr. Karan Kumar Baharani, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board

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08/10/2025

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1 . Pursuant to the order dated 18.09.2025, the complainant Abraham Tirkey appeared in person before this Court, the petitioner accused is also present in person before this Court. The complainant has been identified by their Aadhar card.

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2 . Heard on I.A. No. 02/2025, which is an application under Section 359 of BNSS, 2023 for permission to compound the offence. The application I.A. No. 02/2025, is a joint application filed by the complainant as well as accused on the ground that they have amicably settled their dispute and the complainant has already received his entire amount which is the subject matter of the case and he does not want to prosecute his complaint further.

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3 . The present criminal misc. petition is filed against the order dated 15.06.2018 passed by learned First Additional Sessions Judge, Raipur, District Raipur in Criminal Revision No. 180/2018, whereby the criminal revision filed by the petitioner has been dismissed.

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4 . Learned counsel for the petitioner would submit that the petitioner is an accused in Criminal Case No. 2423/2018 pending before the learned Chief Judicial Magistrate, Raipur for the offence under Section 420 of IPC. The said criminal case was initiated in pursuance of the Crime No. 49/2018 registered at Police Station, Tikrapara, Raipur for the offence under Section 420 of IPC with the allegation that from the bank account of the complainant the accused has fraudulently transected and transferred Rs. 55,560/- by making false call for uploading and linking the Aadhar card with the bank account of the complainant when the complainant came to know about fraudulent transfer of the said amount from his bank account of State Bank of India, Kunkuri Branch, he made a complaint to the Police on which the FIR has been registered and the accused has been arrested. After investigation charge-sheet has been filed before the learned Chief Judicial Magistrate where the criminal case is pending against him. He would further submits during pendency of the criminal case the accused as

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well as complainant entered into compromise and they settled their dispute, the entire amount of dispute i.e. Rs. 55,560/- have been paid to the complainant and now the complainant does not want to prosecute his complaint further. They had also filed an application for compounding of the offence before the learned trial Court. However, the learned trial Court has rejected the application in view of the gravity of the offence. He would submits that the order dated 07.05.2018 passed by learned trial Court rejecting the application for compromise, was challenged by the petitioner before the learned First Additional Sessions Judge, Raipur in Criminal Revision No. 180/2018 which was also dismissed by the learned Revisional Court against which the present petition has been filed.

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5 . He would also submits that since the parties have entered into compromise, no fruitful purpose would be served even continuation of the criminal case. He would also submit an application under Section 359 of BNSS, 2023 for compounding of the offence with permission of the Court, and since the matter has been settled between the parties, permission to compound the offence may be granted in favour of the parties and the offence may be compounded.

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6 . On being specifically asked from the complainant as well as accused who are present in person before this Court, they admitted they have entered into compromise and the complainant has received the entire amount under dispute.

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7 . On the other hand, learned counsel appearing for the Respondent/State opposes.

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8 . Considering the submissions made by learned counsel for the parties, considering the nature of offence and further considering that the

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parties have entered into compromise and the entire amount under dispute has been paid to the complainant, this Court is of the opinion that the parties may be allowed to compound the offence and accordingly the application I.A. No. 02/2025 is allowed. The parties are permitted to compound the offence.

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9 . In view of the compromise between the parties, the proceeding of the Criminal Case No. 2433/2018, pending before the learned Chief Judicial Magistrate, Raipur is quashed.

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10. With the aforesaid observation, the present criminal misc. petition is allowed . The impugned orders are set-aside and the proceedings of the Criminal Case No. 2433/2018, pending before the learned Chief Judicial Magistrate, Raipur is hereby quashed.

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11. A copy of this order shall be forwarded to the learned trial Court for information and necessary action.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Alok

Kundan Kumar v. State of Chhattisgarh

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Kundan Kumar v. State of Chhattisgarh

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