The Delhi High Court in the case Hemant Jain And Anr. vs State (GNCTD) & Anr. observed and has quashed the FIR for forgery and cheating based on the settlement between the accused and the complainant.
The court in the case observed and has directed the parties to pool in money and purchase uniform socks for the police personnel stationed at 6 police stations in Delhi.
The court observed that the parties to procure uniform socks worth an amount of Rs. 48,000 for the police officials posted at Keshavpuram, Bharat Nagar, Model Town, Ashok Vihar, Roop Nagar and Maurice Nagar police stations.
In the present case, the accused had filed the plea under Section 482 of the Code of Criminal Procedure, 1973 wherein seeking to quash the FIR registered at PS: Ashok Vihar, in view of the Compromise Deed arrived at between the parties.
The bench headed by Justice Saurabh Banerjee in the case observed and has remarked that in view of the settlement between the parties, and since the complainant did not wish to continue with the criminal proceedings, continuation of the FIR would be an exercise in futility.
The court in the case allowed the petition and FIR No.0434/2018 dated December 09, 2018 which is being registered under section 406, section 420, section 467, section 468, section 469, section 471, section 120B, section 34 of the Indian Penal Code, 1860 at PS.: Ashok Vihar, Delhi and all proceeding emanating therefrom are quashed subject to the petitioners and the respondent no.2 depositing a cost for an amount of Rs.24,000/- each (total amounting to Rs.48,000/-).
It has also been submitted by the petitioner that they shall hand over their share of Rs.24,000/- in cash to the respondent no.2 today, who shall in turn,
add he same to his share of Rs.24,000/- and utilise the total cost for an amount of Rs.48,000/- for purchase/procurement of uniform socks for the police personnel stationed at the 6 Police Stations namely PS.: Keshavpuram, PS.: Bharat Nagar, PS.: Model Town, PS.: Ashok Vihar, PS.: Roop Nagar and PS.: Maurice Nagar, in equal proportion.
The counsel, Advocate, Mr. Abhishek Gupta appeared for the petitioner.
The counsel, Ms. Meenakshi Dahiya, APP for the State with SI Vishwa, PS Ashok Vihar represented the respondent.
