Rinku Bhattacharya vs The State Of Madhya Pradesh
2023 Latest Caselaw 10181 MP

                                 1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 5 th OF JULY, 2023
                 CRIMINAL APPEAL No. 6777 of 2023

BETWEEN:-
1.    RINKU BHATTACHARYA S/O SWAPNIL KUMAR
      BHATTACHARYA, AGED ABOUT 42 YEARS, R/O
      TOLIGANJ MACHLA SINEMA HALL KE PAAS
      H.NO. 46 DISTRICT KOLKATA THANA TOLIGANJ ,
      KOLKATA, WEST BANGAL

2.    HARISH @ HAREE RAJPUT S/O BHANWAR SINGH
      RAJPUT, AGED ABOUT 39 YEARS, RESIDENT OF
      SANJAY NAGAR THATIPUR, DIST. GWALIOR
      (MADHYA PRADESH)

                                                           .....APPELLANTS
(SHRI PREM SINGH BHADOURIA, LEARNED COUNSEL FOR
APPELLANTS)

AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION CRIME BRANCH,
DISTRICT GWALIOR (MADHYA PRADESH)

                                                           .....RESPONDENT
(SHRI SUSHANT TIWARI- LEARNED COUNSEL FOR THE RESPONDENT-
STATE AND SHRI ANSHU GUPTA, LEARNED COUNSEL FOR THE
COMPLAINANT)

      This appeal coming on for admission this day, th e court passed the
following:
                                  ORDER

The present criminal appeal under Section 374 of CrPC has been filed by appellants against the judgment dated 12-05-2023 passed by Additional Sessions Judge, Gwalior in Sessions Trial No. 348 of 2015 whereby appellant no.1 Rinku Bhattacharya has been convicted under Sections 420/120-B,

467/120-B, 468/120-B, 471/120-B of IPC and sentenced to undergo 03 years RI, 10 years RI, 03 years RI, 01 year RI with fine of Rs.1,000/-, Rs. 3,000/-, Rs. 500/- and Rs.500/- with default stipulation whereas, appellant no.2 Harish alias Hari Rajput has been convicted under Sections 420, 467/120-B, 468/120- B, 471/120-B of IPC and sentenced to undergo 03 years RI, 10 years RI, 03 years RI, 01 year RI with fine of Rs.1,000/-, Rs. 3,000/-, Rs. 500/- and Rs.500/- with default stipulation. All the sentences have been directed to run concurrently.

Prosecution case, in short, is that against present appellants and other co- accused Ramesh Prasad, Manish Rajput and Sanjay Gupta, there are allegations

of committing offence under Sections 120-B, 420, 467, 468, 471 of IPC to the effect that on or before 10-09-2014 in Gwalior or cheating with complainant Anoop Singh Tomar in Delhi or elsewhere in connivance with co-accused to induce him to deliver the amount and used as genuine valuable securities fabricated for the purpose of deceiving him in connection with Railway appointment of his brother by agreeing to do so, was an illegal act, committed a criminal conspiracy. Complainant Anoop Singh Tomar was tricked by making a talk that he would get his brother Anurag Tomar appointed in the services of Railways and cheated him along with the co-accused to dishonestly induce him to pay Rs.3,50,000/-. Forgery of selection list, appointment letter, medical certificate etc. which come under the category of valuable securities in respect of Anurag Tomar, the brother of complainant related to service in Northern Railway by committing forgery knowing-fully and deceitfully. Accused persons were misleading the complainant by not returning the aforesaid amount and on the basis of above complaint, Crime No.03 of 2015 was registered.

Investigation of crime was started by registering same against the present appellants and other co-accused. After completion of investigation, charge sheet was filed before the competent Court. Charges were framed. In order to prove its case, prosecution examined witnesses PW1 Anoop Singh, PW2 Banti Saxena, PW3 Anurag Singh Tomar, PW4 Vishnuchandra Saxena, PW5 Ghanshyam Jat, PW6 Ajay Kumar Sharma, PW7 Suresh Tomar, PW8 Bhupendra Singh Kushwah, PW9 Santosh Singh Bhadoriya and PW10 Rahul Jha. Relying on the evidence of aforesaid witnesses produced by prosecution, the learned trial Court convicted and sentenced the appellants for offences as stated above, against which the present appeal is being filed by them.

During pendency of this appeal, IA 9130 of 2023, an application under Section 320 of CrPC has been filed along with affidavit and factum of compromise has been verified by the Principal Registrar of this Court.

I t is submitted by learned counsel for appellants that appellants and complainant have already reconciled their differences and have settled the matter. During pendency of this appeal, a compromise took place between complainant and present appellants and now, they are on friendly terms. Both of them were present before the Principal Registrar of this Court for verification of factum of compromise. As per the report of the Principal Registrar of this Court dated 19-06-2023, both the rival parties have arrived at a compromise

voluntarily, without any threat, inducement and coercion. Therefore, all criminal proceedings against the appellants be quashed. In support of his contentions, the learned counsel for the appellants has relied on the judgment of Hon'ble Supreme Court in the cases of Gian Singh vs. State of Punjab and Another reported in (2012) 4 RCR (Criminal) 543, Narinder Singh and Others vs. State of Punjab and another, reported in (2014) 6 SCC 466, Gulab Das

vs. State of MP (2012) 1 RCR (Criminal ) 220, Mukesh Kumar vs. State of Rajasthan (2013) 11 SCC 511 and the judgment of Punjab and Haryana High Court in the case of Vijay Kalra vs. State of Haryana decided on 22- 11-2022 in CRR No. 2445 of 2017 and he further submitted that this Court in the case of Afasar Ali vs. State of MP decided on 15th of February, 2023 in CRA No.772 of 2004 has also quashed proceedings on the basis of settlement during pendency of criminal appeal in a non-compoundable offence.

Learned counsel for State does not dispute the aforesaid facts. Considering the aforesaid facts as well as the law laid down by the Hon'ble Apex Court as well as Punjab and Haryana High Court and this Court in the above-cited judgments, the present criminal appeal is allowed. The proceedings qua the appellants for offences under Sections 420, 420/120-B, 467/120-B, 468/120-B, 471/120-B of IPC are ordered to be quashed keeping in view the fact that the matter stands settled between the present appellants and the complainant. As a consequence thereof, the impugned judgment dated 12- 05-2023 passed by Additional Sessions Judge, Gwalior in Sessions Trial No. 348 of 2015 is hereby set aside so far as it relates to the present appellants. The appellants are acquitted of all charges levelled against them. The fine amount, if any, deposited by appellants before the trial Court, be refunded to them.

A copy of this judgment along with record be sent to the trial Court for information and compliance.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

MAHENDRA BARIK 2023.07.06 14:42:08 +05'30'