RAJIV GOVER Vs. STATE

JUDGEMENT

(1.) A complaint was lodged by complainant respondent No. 2 Ms. Champak Bagla at Police Station C. R. Park on 30. 12. 2004 against the petitioner Rajeev grover and Smt. Mamta Grover for having allegedly cheated her for more than Rs. 66,00,000 on the pretext that they would invest her money in the best of companies to get her high return of profit. On the complaint of the complainant inquiry continued for about two years but no FIR was registered. Complainant wrote another letter on 11th December, 2005 to Deputy Commissioner of Police, Economic Offences Wing (EOW ). It was after the receipt of this letter that FIR No. 3/2006, under Sections 506/ 406/420/120b/34 IPC was registered at Police Station C. R. Park on 5. 01. 2006.

(2.) INVESTIGATION continued for some time and charge-sheet was filed in the court on 27. 1. 2008 i. e. after two years of the registration of the FIR. During the investigation, complainant compromised with the petitioners and received a sum of Rs. 20,00,000 in full and final settlement of her claim. As per the settlement-cum-receipt, complainant/ respondent No. 2 received a sum of Rs. 5,00,000 on 29. 1. 2006 in cash receipt and another sum of Rs. 15,00,000 on 18. 3. 2006 against receipt. Out of this amount of Rs. 15,00,000 she received Rs. 5,00,000 in cash and remaining amount of Rs. 10,00,000 by way of four cheques drawn on UCO Bank.

(3.) AFTER the matter was compromised between the parties present petition was filed by the petitioners seeking quashing of the impugned FIR. Offence under Section 406/ 420 IPC are compoundable with the permission of the court. Offence junder Section 506 ipc can be compounded by the parties without the permission of the court if offence of criminal intimidation falls in 1st part of Section 506 IPC. Since offence under Section 506 IPC as made out in the FIR is non-com-poundable, the present petition was filed.