SHAN MIYAN CHAUDHARY Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for quashing of FIR No.0411/2022 dtd. 18/6/2022 registered at Police Station: Neb Sarai, Delhi for offence under Ss. 420/467/468/47l/120B of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of the settlement agreement dtd. 5/3/2024 between petitioners and respondent no.2.

(2.) The above FIR has been registered based on the complaint of the respondent no.2 stating that he is a businessman by profession and has been running a firm under the name and style of 'R.K. Khanna and Co.' at Chandni Chowk, Delhi, and is engaged in the business of ading of clothes. The petitioners in connivance and in collusion with each other impersonated themselves as agents/employees of Life Insurance Corporation (in short, 'LIC') and other private financers who facilitate and provide loans from LIC and other private financial institutions. The respondent no.2 was known to one Mr. Jatin, who was earlier also instrumental in providing and facilitating a loan facility to the respondent no.2. He introduced the respondent no.2 to the petitioner no.1 by representing that the petitioner no.1 facilitates processing of loan facility from the LIC. Thereafter, the petitioner no.1 offered to arrange for a loan of Rs.2.00 Crores from the LIC for the respondent no.2 in the month of August, 2019. As the respondent no.2 was in need of finance to expand his business activities, he fell for the trap of the petitioners.

(3.) The petitioner no.1 got certain documents signed from the respondent no.2 representing them to be required in relation to the loan from the LIC. He also obtained personal documents from the respondent no. 2, including the Income Tax Returns, etc.