DEEPAK BHARDWAJ Vs. STATE

JUDGEMENT

(1.) I had the opportunity to go through the order passed by S.N. Kapoor, J. Unfortunately I cannot subscribe to his views. I respectfully disagree with the reasoning and conclusion arrived at by brother S.N. Kapoor, J.

(2.) The petitioners herein have sought quashing of the FIR bearing no.252/98u s 420/120-B Indian Penal Code dated 9/05/1998 registered at Police Station R.K.Puram The quashing of the FIR has been sought, primarily on the ground that the parties have settled their dispute by entering into a memorandum of settlement pursuant to which the petitioners paid back the principal amount beside, interest, compensation and other charges to the complainant totalling Rs.1,90,00,000.00(One Crore ninety lakhs). Since the settlement has been arrived at between the parties and the offence alleged in the FIR being compoundable, therefore under Section 320 Criminal Procedure Code permission be granted. It would be just and proper if the parties are not dragged to the court to face a trial in a criminal charge which has lost its objective. |

(3.) The essence of the FIR is; the complainant Mr. V.K.Williams, a member of the Mount Carmel School Society and Principal of Mount Carmel School needed more space to start a new school. Accordingly Mr.Williams who was acquaintec with petitioners talked it over to them about space for new school. Petitioner No.1 informed Mr.Williams that he had founded Shiksha Bharati Education Society (hereinafter called the society) which was running Shiksha Bharati Senior Secondary School. The school building was built on a land admeasuring 13 bighas bearing Khasra No.28/7/1 (3-8) of min (4-3) 13 min (2-16) 14/1 (2-13) situated in village Palam Tehsil Mahrauli, New Delhi. Petitioners told him that their school was. not running to their satisfaction and that they were willing to sell the land to Mr.Williams. Land was offered for Rs.2.5 crores. Six Memorandum of Understanding (in short MOU) were executed to keep the cost below 50 lakhs for each MOD to enable the petitioners to get the Income Tax form 34-A. As per the first MOD complainant paid a sum of Rs.20,00,000.00 by cheque no.364053 drawn on State Bank of Patiala, Anand Niketan to Mr.Deepak Bhardwaj against the total sale consideration of Rs. 45,00, 000.00 for the purchase of land bearing khasra no.28/ 8. For land pertaining to Khasra no.28/7/1 the complainant paid Rs.35,00,000.00 in the name of Shiksha Bharati Education Society as against the sale consideration of Rs.45,00,000.00. The third Memorandum of Understanding pertaining to Khasra No.7/1(28) 8m(0-12) an amount of Rs.35,00,000.00 was paid to Smt. Ramesh Kumari vide cheque no. 360452 dated 28.4.97.