SARITA & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The first information report (FIR) No.582/2013 was registered by Police Station Hari Nagar on 29.11.2013 on the complaint of the second respondent (the complainant), it involving allegations against the petitioners of they having committed offence punishable under Section 420 read with Section 34 of Indian Penal Code, 1860 (IPC). As per the case set out in the said FIR, the complainant had been induced, pursuant to false representation made by the petitioners, to part with money in the total sum of Rs.20,60,000/- fraudulently and with dishonest intention by the petitioners acting in concert with each other, the case statedly now pending trial before the court of Metropolitan Magistrate.

(2.) By the present petition invoking inherent power and jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Article 227 of the Constitution of India prayer is made for the proceedings arising out of the said FIR to be quashed. The State has submitted its status report, while the second respondent has submitted reply, both opposing the prayer for quashing.

(3.) It appears that on 08.01.2014, the complainant on one hand, and the first and second petitioners, on the other, had executed a document styled as "compromise deed". At that stage, bail application (No.155) of the first and second petitioner was pending before the court of sessions. It appears that, as per the terms of the said compromise deed, the complainant had agreed to amicably settle the dispute with the first and second petitioners upon consideration of they paying to her a total amount of Rs.8,50,000/-, out of which Rs.2,50,000/- was to be paid at the time of hearing on the bail application and the balance in equal four installments after every 45 days, the complainant agreeing to co-operate for seeking quashing of the FIR or for compounding of the case, clarifying that she would not demand any further money from them, i.e., first and the second petitioners. Reference to the said compromise was made before the court of Sessions on 09.01.2014 and, on that basis, protection against arrest with prior notice of fifteen days was granted disposing of the application for anticipatory bail.