Jag Parvesh v. State & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2160/2016 JAG PARVESH ..... Petitioner Through:

Mr. Shiv Kumar Sharma and Mr.

Ashok Jain, Advocates versus STATE & ANR.

..... Respondent Through:

Mr. R.S. Kundu, ASC and Sneh Dhillon with SI Dharmender

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 17.10.2016 Learned counsel for the petitioner states that the petitioner has filed the affidavit in terms of the last order. The same has not come on record. He has, therefore, tendered another copy in court, which is taken on record. The status report tendered in court is also taken on record. The petitioner has preferred the present petition to seek the quashing of FIR No.172/2016 dated 18.05.2016 under Section 420/468/471 IPC and the proceedings arising therefrom. The petition is premised on a settlement stated to have been arrived at between the petitioner and respondent no.2/ complainant. The complaint against the petitioner was that he had promised a job to the complainant with the Delhi Jal Board and had accepted money

for the said purpose. However, he had not secured the job for the complainant.

The petitioner has placed on record the settlement agreement dated 24.05.2016 arrived at between him and several other complainants. In all, it appears that there were five complainants including the present complainant. In respect of four other complainants, the petitioner agreed to pay Rs.22,000/- to each of them. So far as the present complainant is concerned, he has agreed to make a payment of Rs.2.30 lacs to satisfy his claim. Out of the same, Rs.1 lakh already stands paid. This position is accepted by the complainant, who is present in court with his counsel. The complainant is identified by the counsel, whose vakalatnama is stated to be on record. The complainant has also produced his Aadhar card to establish his identity, the original whereof has been shown to the court and returned, and a copy whereof has been retained on record.

The petitioner has tendered the balance amount of Rs.1.30 lacs today in court to the complainant by way of a demand draft bearing no.627350 dated 14.10.2016 drawn on Punjab National Bank, which is accepted by the complainant.

The facts of the present case, prima facie, show that the present is a case involving multiple victims. Though the petitioner appears to have settled the claims of all the complainants, such conduct of the petitioner cannot be allowed to go without any consequence. The petitioner, who is present in court, has volunteered that to show his remorse, he is willing to be subjected to costs as this court may determine. The complainant states that so far he is concerned, he is satisfied and would not like to pursue his complaint any further against the petitioner.

In the aforesaid circumstances, I am inclined to quash the FIR and the proceedings arising therefrom subject to the petitioner depositing Rs.25,000/- with the Prime Minister's National Relief Fund within four weeks. Copy of the receipt of deposit be provided to the I.O. and whereafter the case shall be closed.

Petition stands disposed of. Dasti.

VIPIN SANGHI, J OCTOBER 17, 2016 sr