High Court of DelhiCRL.M.C./1549/2023

Ankit Handa v. State NCT Of Delhi And ORS

2024-04-05Hon'Ble Mr. Justice Manoj Kumar Ohri4 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1549/2023 ANKIT HANDA .....Petitioner Through:

Mr. Pankaj Gupta, Advocate.

versus STATE NCT OF DELHI AND ORS .....Respondents Through:

Ms. Priyanka Dalal, APP for the State with Insp. Anand Pratap Singh, P.S.

EOW.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 05.05.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 11275/2025 (Release of the Amount Deposited) 2.

The present application under Section 528 of the BNSS seeks the following prayers:

"A. Pass Directions to Ld. Trial Court to release the amount so deposited by the Petitioner/accused in case titled as State Vs. Ankit Handa, FIR No. 176/2008 (EOW), along with the interest accrued thereon in favor of petitioner/accused; or B. Pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3.

Vide order dated 23.02.2024, the Predecessor Bench of this Court passed the following order: - "1. Learned APP for the State, on instructions, submits that the chargesheet was filed thereby giving the status of 181 victims. Subsequently, 56 more victims approached resulting in filing of a supplementary chargesheet. He submits that thereafter on 02.07.2022, in the proceedings before the trial court, 19 more victims came forward. He further submits that the present case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

relates to chit fund and therefore, case has also been registered under Sections 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

Learned counsel for the petitioner submits that the petitioner is desirous of settling with each and every complainant. 3.

Let the Investigating Officer make an effort to ensure that the 19 victims appear before the trial court on the next date of hearing. 4.

Learned counsel for the petitioner submits that the next date of hearing before the trial court is in March, on which day subject to the victims appearing and verification of their documents, the matter would be settled with them as well.

In the light of the above and considering that multiple victims in hundreds have so far come, it is deemed apposite that a publication be also carried out in an English and Hindi national newspaper, at the cost and expenses of the petitioner. The Investigating Officer shall take the requisite steps to carry out the publication thereby giving details of the FIR and the pendency of the proceedings pending before the trial court as well as this Court." 4.

Subsequently, vide order dated 05.04.2024, the following order was passed while quashing the FIR qua the present petitioner as well as other coaccused persons: - "2. Mr. Aggarwal, learned counsel for the petitioner states that in the present case, about 250 victims/complainants have come forward and petitioners have settled with all of them. It is further submitted that in terms of the orders passed by this Court, a publication was carried out on 15.03.2024 in English and Hindi newspapers by the I.O., however no other victim/complainant has approached the I.O. till date. Learned counsel also states that initially vide orders passed by this Court in bail applications, the petitioners had deposited a sum of Rs.87 lacs with the Trial Court so that claims of the complainants could be satisfied. It is further submitted that from time to time, amounts have been disbursed from the aforesaid sum of Rs.87 lacs to the complainants and presently, about Rs.71 lacs is still lying with the Trial Court. 3.

Learned counsel, on instructions, submits that the petitioner undertakes that in case any other victim/complainant approaches, the petitioner would be settling the dispute with them as well and in this regard the petitioner volunteers that the amount, which is still lying with the Trial Court, be kept deposited for a period of one The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

year.

Mr. Khanna, learned APP for the State, on instructions, states that in terms of the directions passed by this Court on 23.02.2024, a publication was carried out in the newspaper 'Pioneer' in Hindi as well as English editions on 15.03.2024. He has also referred to the order dated 03.04.2024 passed by learned CMM to submit that on that day claims of complainants/ Siddharth Kumar, Sangeeta Devi, Roshal Lal and Mr. Bharpai were also settled. It is submitted that though amount with respect to complainant Sagarika Mandal could not be disbursed as she was not interested in the amount however at the same time, she was also not interested in pursuing the case.

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10. Let the amount of Rs.71,17,897/- shall be deposited with the Registrar General of this Court in an auto renewal FDR initially for a period of one year.

11. In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10 lacs to be deposited by the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC: UCBA0003364) within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

12. Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court."

Learned APP for the State, on instructions from the Investigating Officer, submits that from passing of the aforesaid order, no further victim/complainant have come forward to claim any amount and further that he has no objection if the present application is allowed. 6.

The period of 1 year has expired on 05.04.2025. 7.

In view of the above, let the amount of Rs. 71,17,897/- deposited before the Registrar General of this Court, along with the interest accrued, if any, be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

released to the applicant.

The application is allowed and disposed of accordingly. 9.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J MAY 5, 2025/bsr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.