VINOD MAHAJAN AND ANR. Vs. STATE AND ANR.

JUDGEMENT

(1.) This petition under Section 561-A Cr.P.C. seeks quashing of the criminal proceedings titled "State v. Vinod Mahajan and ors." arising in FIR No. 06/2008 of Police Station, Crime Branch, Jammu under Sections 420, 406, 467, 468, 120-B RPC pending before the Court of learned Sessions Judge, Jammu.

(2.) Briefly stated accusation against the petitioners (accused) is that they had opened office of a Finance Company under the name and style as "Golden Land Development (India) Limited, Majra, Chandigarh" in Jammu City and in the course of their business they duped informant, Javed Ahmed, therein respondent No.2, and twenty others, who had deposited money with the said Company. Besides petitioners, three others have been sent for trial by the Crime Branch for the commission of offences under Sections 420, 406, 467, 468 and 120-B RPC. Two of them have absconded and have been proceeded against in terms of section 512 of the Code of Criminal Procedure, 1973 (for short, the Code). Fifth accused has died.

(3.) Quashing is sought, primarily, on the ground that after filing of the charge sheet by the Crime Branch, petitioners and the victims of the alleged offences have entered into a compromise by virtue of the Compromise Deed dated 18.02.2018 and petitioner No.1 has agreed to pay the amount due to the victims as full and final settlement by way of cheques, to be en-cashed only after proceedings are quashed. In support of this prayer, learned counsel for the petitioners cites the Supreme Court judgment in Central Bureau of Investigation v. Sadhu Ram Singla and ors, 2017 (5) SCC 350 and submits that in the facts and circumstances of the case, composition can be allowed. In addition, quashing is sought on merits of the case also.