SHWETA CHAWLA Vs. STATE OF HP

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 CrPC, prayer has been by the petitioner for quashing FIR No. 123/21 dtd. 7/8/2021 registered at Police Station Sadar, District Solan, H.P., under Sec. 406 IPC alongwith consequential proceedings pending in the competent court of law.

(2.) Precisely the case of the petitioner, as emerge from the pleadings is that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2 (hereinafter, 'complainant'), who alleged that one of his relative had introduced the accused Shweta Chawla to him. He alleged that petitioner informed him that she can help him to provide 'work permit' to his son in foreign country i.e. Canada. Complainant alleged that to enable the accused to provide work permit, he deposited Rs.3.00 lac in the bank account of the petitioner, but neither work permit was arranged nor money was returned and as such, appropriate action in accordance with law be taken against the accused. On the basis of aforesaid complaint, FIR sought to be quashed came to be lodged against the petitioner. Though after completion of investigation, police presented challan in the competent court of law, but before same could be taken to its logical end, parties have entered into compromise and resolved to settle the dispute inter-se them amicably. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for quashing of FIR and consequential proceedings in the competent court of law

(3.) Vide order dtd. 28/2/2023, this court while directing the respondents State to verify the factum with regard to compromise, if any, arrived inter-se parties also deemed it necessary to cause presence of respondent-complainant. Though till date, respondent State has not filed the status report disclosing therewith factum with regard to compromise, if any, arrived inter-se parties, but on 17/3/2023, petitioner came present before this Court and categorically stated that he has received Rs.3.5 lac in cash from the petitioner and in case Rs.1.00 lac lying deposited with the learned court below is released in his favour, he shall have no objection in case FIR as well as consequent proceedings are quashed.