Mrs. Charu Hemnani vs State Of M.P.
2021 Latest Caselaw 107 MP

                HIGH COURT OF MADHYA PRADESH;
                           BENCH AT INDORE
                          M.Cr.C No.35678/2020
          Mrs. Charu and Another Vs. State of MP and Anr
                           1
INDORE; DATED - 23/02/2021
      Shri Pankaj Chandra Bagadiya, learned counsel for the
petitioners.
      Shri Aditya Garg, learned counsel for the respondent/State.
      Shri Vishal Pandey, learned counsel for the respondent no.2.
      With the consent, finally heard.
                                 ORDER

In this petition filed under section 482 of the Cr.P.C, the petitioners have prayed for following relief:-

(a) Quash the FIR registered at crime no.1097/2015 before the Police Station Vijay Nagar, Indore.

(b) Quash the proceedings of RCT No.2756/2020 pending before the Judicial Magistrate Class I, Indore.

(c) Quash the proceedings of Juvenile Case No.137/2020 pending before Princiapal Magistrate, Juvenile Justice Board.

(d) Quash any other proceedings which may have been initiated in relation to crime no.1097/2015.

2. Learned counsel for the parties drew attention of this Court towards the original deed of settlement Annexure P/4 and apprised that the said settlement is verified by Principal Registrar of this Court on 19.02.2021. Considering the nature of offence which are essentially business related, the FIR may be set aside because the parties have already settled their dispute amicably.

3. Learned counsel for the respondent/State has no serious objection in this matter.

4. Considering the nature of accusation mentioned in the FIR, I am inclined to hold that the dispute between the parties were indeed commercial and business related. In absence of any serious impact on the society and in view of the judgment of Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab reported in (2012) 10 HIGH COURT OF MADHYA PRADESH;

BENCH AT INDORE M.Cr.C No.35678/2020 Mrs. Charu and Another Vs. State of MP and Anr

SCC 303, I deem it proper to accept the settlement and allow the petition.

5. Resultantly, the FIR in crime no.1097/2015 and consequential proceedings of RCT No.2756/2020 alongwith proceedings of Juvenile case no.137/2020 are set aside.

6. The petition is allowed and disposed off.

(Sujoy Paul) Judge sourabh Digitally signed by SOURABH YADAV Date: 2021.02.23 18:25:03 +05'30'