MUSTFA Vs. STATE OF H P AND ANR

JUDGEMENT

(1.) By way of instant petition filed under Section 482 Cr.PC, prayer has been made on behalf of the petitioner for quashing of FIR No. 210 of 2017 dated 22.9.2017, registered at PS Sadar, District Bilaspur, HP, under Sections 420, 406 and 120-B of IPC and consequent criminal proceedings pending in the Court of learned Chief Judicial Magistrate, Bilaspur, H.P., qua the petitioner.

(2.) Necessary, facts as emerge from the record are that respondent No.2 filed a complaint before the learned JMIC Bilaspur, under Section 156 (3) Cr.PC., alleging therein that persons namely Alisha Parvez and Gulshan Khan, fraudulently made her to deposit a sum of Rs. 6 lac, in the bank account of present petitioner on the pretext of getting the work Visa in favour of her son. Respondent No. 2 also alleged that persons named herein above, assured her that her son would be provided with work Visa for Japan, however, fact remains that neither work Visa was provided to the son of the respondent/complainant nor money was refunded and as such, respondent was compelled to file aforesaid complaint before the learned JMIC, Bilaspur. Learned JMIC Bilaspur, directed the SHO Bilaspur, to lodge FIR against persons named herein above. During investigation, police found the involvement of the present petitioner in the crime in as much as an amount of Rs. 6 lac was found to be deposited in his saving bank account at Kerala. After registration of case against the present petitioner and other accused, present petitioner approached this Court by way of bail petition bearing No. Cr.MP(M) No. 169 of 2018 and this Court taking note of the fact that an amount of Rs. 8, 00, 000/- stands paid back to the complainant-respondent No.2, enlarged the petitioner on the bail.

(3.) By way of present petition, petitioner while placing on record agreement/compromise arrived at inter-se him and the complainant Smt. Sunita, prays for quashing of FIR. Though perusal of compromise/settlement arrived inter-se parties (page-30) clearly suggests that respondentcomplainant received an amount of Rs. 8 lac instead of Rs. 6 lac allegedly deposited by her in the saving bank account of the petitioner, however, this Court with a view to ascertain the correctness and genuineness of the aforesaid compromise placed on record, also recorded statement of the complainant-respondent, who had come present in the Court on 20.2018. Mr. Amrinder Singh Rana, Advocate, represented the complainant Sunita in the Court on 20.2018. Respondent No.2 categorically stated on oath before this Court that she with her own volition and without there being any external pressure has entered into compromise with the petitioner namely Mohammad Mushtafa, S/o Sh. Mohammad, R/o Edasseri House, Tehsil Tirur, District Malappuram, Kerala, through his next friend/brother-in-law. She also stated that she has received a sum of Rs 8, 00, 000/- towards full and final settlement and has no objection in case FIR No 210 of 2017 dated 22.09, 2017, registered at PS Sadar, District Bilaspur, H.P. under Sections 420, 406 and 120-B of the IPC, is quashed and set-aside.