Delhi High Court
Molly Kapoor & Anr vs The State Govt Of Nct Of Delhi & Anr on 18 July, 2018
$~20 & 21
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on:- 18th July, 2018
+ CRL.M.C. 4670/2015
MOLLY KAPOOR & ANR ..... Petitioners
Through: Mr. Aman Vachher, Mr. Ashutosh
Dubey, Mr. Abhishek Chauhan and Mr.
Arun Nagar, Advocates
versus
THE STATE GOVT OF NCT OF DELHI
& ANR ..... Respondents
Through: Mr. Ashish Dutta, APP for
the State with SI Amit Mann, PS
Defence Colony
Mr. G.S. Narula and Mr. M. Sarwar,
Advocates for R-2
+ CRL.M.C. 4671/2015
MOLLY KAPOOR & ANR ..... Petitioners
Through: Mr. Aman Vachher, Mr. Ashutosh
Dubey, Mr. Abhishek Chauhan and Mr.
Arun Nagar, Advocates
versus
THE STATE OF GOVT OF NCT OF DELHI
& ANR ..... Respondents
Through: Mr. Ashish Dutta, APP for
the State with SI Amit Mann, PS
Defence Colony
Mr. G.S. Narula and Mr. M. Sarwar,
Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
Crl. M.C. No.4670-4671/2015 Page 1 of 3
ORDER (ORAL)
1. These petitions seek quashing of the proceedings arising out of
FIR no.349/2014 under Sections 420, 467, 468, 471,120B IPC of
police station Greater Kailash and FIR no.374/2015 under Sections
406, 420, 467, 468, 471, 120 B IPC of police station Defence Colony
on the basis of settlement of the dispute with respective second
respondent.
2. During the hearing on the connected petition (Crl. M.C.
4669/2015) which has been decided by a separate order today relating
to the first captioned FIR, it has been brought out that the petitioners
who were declared proclaimed offenders in the case to which the
present matters relate, they having not appeared before the criminal
court till date, the Additional Public Prosecutor has informed that
report under Section 173 Cr. PC on conclusion of the investigation
into FIR was submitted in the court of the Metropolitan Magistrate on
14.07.2016 and, despite knowledge, the petitioners have failed to put
in appearance in response to the process which has been issued after
cognizance was taken.
3. The case relating to FIR no.374/2015 is also closely connected
in that it is at the instance of Anil Narang, who is also described as one
of the victims in the other FIR, accused persons being the same (i.e.
the petitioners herein). In this case also process under Section 82 Cr.
PC has been issued by the Metropolitan Magistrate on account of non-
cooperation and non-appearance of the petitioners despite notice of the
investigation being still pending.
4. The case involves offence not only of cheating but also of
forgery of valuable security. It was also brought out during the
hearing of connected petitions (i.e. Crl. M.C. Nos.1448/2017,
1449/2017 and 7/2017) which are being disposed of by separate orders
today that the case involves victims other than the second respondent,
such other victims including Sumanjit Kaur and Pioneer Securities
Pvt. Ltd., whose grievances remain unaddressed.
5. In these circumstances, these are not fit cases where this court
should exercise its inherent jurisdiction under Section 482 Cr. PC to
put an end to the criminal process.
6. Both the petitions are dismissed.
R.K.GAUBA, J.
JULY 18, 2018
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