Rajbir Singh v. State & Anr

J U D G M E N T

MANMOHAN, J: (ORAL)

¶1The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 1164/2006, registered with PS Kalkaji, New Delhi, under Sections 420 and 120 B IPC.

¶2Briefly stated, the material facts of this case are that the Respondent No. 2, Shri Sukhwant Singh, lodged a complaint against the Petitioner, Shri

Ashok Kwatra and Smt. Rajni Kwatra. According to the Respondent No. 2, he had paid an amount of Rs. 2 lacs to the Petitioner for arranging a 'Visa' to travel to Korea. On the basis of the aforesaid complaint, the impugned FIR has been registered against the Petitioner and other two accused.

¶3On 17th March, 2007, the Petitioner and the complainant compromised the matter. In accordance with the said settlement the Petitioner had initially paid a sum of Rs. 1 lac by cash and the final instalment of Rs. 1 lac was also paid on 3rd April 2007, as recorded by this Court in its order.

¶4The counsel for the Respondent No. 2 is present in Court and he reiterates that his client has settled the matter with the Petitioner and he has no objection if the FIR filed by him qua the Petitioner is quashed.

¶5The IO, Mr. Ashish Dalal, is present and he states that there is another case filed by the cousin brother of Respondent No. 2, namely, Shri Raju Singh against the Petitioner. The learned counsel for the Petitioner has handed over in Court a copy of the settlement executed between the Petitioner and Shri. Raju Singh, in terms of which Shri Raju Singh has also been paid a sum of Rs. 4 lacs in full and final settlement. The IO also confirms the said settlement.

¶6In view thereof, I am of the opinion that the ends of justice would be subserved if the present FIR is quashed qua the Petitioner alone. Accordingly, the FIR No. 1164/2006 under Section 420 and 120 B IPC registered with PS Kalkaji, New Delhi, qua the Petitioner is quashed.

¶7It is made clear that the proceedings against the other accused will continue.

¶8The present petition is allowed in the above terms.

¶9Order dasti.

August 18, 2008

MANMOHAN, J. rb

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl . M.C. No. 880/2007 % DATE OF DECISION : 18th AUGUST, 2008 RAJBIR SINGH ..... Petitioner Through: Mr. Sanjay Gupta, Advocate versus STATE & ANR. ….Respondents Through: Mr. Sunil Kapoor, Advocate for the Respondent No.2. SI Ashish Dalal, PS Kalkaji. CORAM: HON'BLE MR. JUSTICE MANMOHAN 1. Whether Reporters of local papers may No. be allowed to see the judgment? 2. To be referred to the Reporter or not? No. 3. Whether the judgment should be reported in the digest? No.