(1.) The present petition is filed by the petitioners under Article 226 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for quashing of FIR No.16/2007, lodged by petitioner No.1, father of petitioner No.2 against his son and petitioner No.3, under Sections 420/468/471/120B IPC, registered with Police Station: Jamia Nagar, New Delhi.
(2.) It is the case of petitioner No.1 that he was maintaining a saving bank account with Jamia Cooperative Bank, Batla House, New Delhi for the past five years and used to deposit the cash in the said account. However, he lost his two cheque books and upon visiting the Bank, came to know that a sum of Rs.3,92,992/- had been unauthorizedly withdrawn from his account. On enquiry by the Bank Manager, it transpired that the son of petitioner No.1, petitioner No.2 herein had connived with petitioner No.3, to forge the signatures of petitioner No.1 on the lost/misplaced cheques, without his knowledge or consent and they had withdrawn the moneys illegally. After lodging of the FIR, investigations were undertaken by the police authorities, and the matter is now stated to be at the stage of filing of charge-sheet. In the meantime, the petitioners have approached this Court stating that they have arrived at a settlement and that the petitioner No.1 does not wish any further action to be taken on the FIR, lodged by him against petitioners No.2 and 3.
(3.) Learned APP for the State submits that the specimen signatures and the admitted signatures of the complainant/petitioners No.1 and petitioner No.2 were obtained and have been sent to the FSL for an expert opinion and further, that the petitioner No.2 was declared a proclaimed offender in the case on 12.01.2009. He submits that in these circumstances and having regard to the conduct of petitioner No.2, and that too, directed against his own father, he should be put to strict terms so that a message is conveyed to the public at large, that the parties like petitioners No.2 & 3, if caught indulging in such illegality, shall be dealt with in strict terms.