At, In the High Court of Bombay at Nagpur
By, THE HONOURABLE MR. JUSTICE R.K. DESHPANDE & THE HONOURABLE MR. JUSTICE M.G. GIRATKAR
For the Applicants: Harish V. Thakur, Advocate. For the Respondents: R1, A. M. Deshpande, Additional Public Prosecutor, R2, Linkan S. Bande, h/f S.A. Chaudhari, Advocate.
M.G. Giratkar, J.
1. Rule. Rule made returnable forthwith. 2. The applicants have challenged the registration of First Information Report (FIR) No. 127/2017 dated 2422017 by Police Station, Hudkeshwar, Nagpur for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. It is alleged in the FIR that informant/respondent no. 2 is running a business at Besa, District Nagpur under the name of M/s. B. B. Minerals and Metals. The respondent no. 2 is having business relations with company named Action Ispat and Power Private Limited having its office at Preetampura, New Delhi. As per the business dealings, respondent no. 2 used to supply charcoal to the company of the applicants.
4. As per the report of the respondent no. 2, there was some outstanding balance amount of Rs. 32 Lakhs in respect of the earlier business dealings. On 2010-2015, charcoal for an amount of Rs. 16,09,018/- was purchased by the applicants. The applicants closed Power Plant in Jharsukada in the State of Orissa and refused to make payment. It is alleged by the respondent no. 2 that the applicants cheated to the tune of Rs. 48,09,018/-.
5. It is submitted by the applicants that allegations levelled against the applicants are in respect of business transactions and it is of civil nature, the respondent no. 2 could have filed civil suit and, therefore, prayed to quash the FIR registered against the applicants.
6. During the pendency of the application, the applicants and the respondent no. 2 settled their dispute and filed joint application bearing Criminal Application (APPP) No. 179/2018. It is stated in the joint application by the applicants and the respondent no. 2 that the respondent no. 2 settled his dispute with the applicants. The applicants have paid outstanding amount of Rs. 25,00,000/- to the respondent no. 2 and, therefore, prayed to quash FIR No. 127/2017 registered by Police Station, Hudkeshwar, Nagpur for the offence punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.
7. Heard learned counsel appearing for the respective parties. As per the joint application, both parties have settled their dispute between them. The respondent no. 2 who lodged the report against the applicants received amount of Rs. 25,00,000/- and settled his account with the applicants and now, he has no grievance to quash FIR registered against the applicants.
8. As the complainant/respondent no. 2 and applicants have settled their dispute, the respondent no. 2 settled his account and received balance amount of Rs. 25,00,000/- from the applicants.
9. In view of settlement, no fruitful purpose will be served by keeping the prosecution pending against the applicants. There would not be any chance of conviction against the applicants. Hence, in view of the judgment of the Hon'ble Apex Court in the case of Narinder Singh and ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466, FIR registered against the applicants is liable to be quashed and set aside. In the result, we pass the following order.
(i) The criminal application is allowed in terms of prayer clause (A) and we quash and se
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t aside First Information Report No. 127/2017 dated 24-2-2017 registered by Police Station Hudkeshwar, Nagpur City, District Nagpur against the applicants in respect of offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. (ii) No order as to costs. (iii) Rule is made absolute in aforesaid terms.