Delhi High Court
Satnam Singh vs The State & Anr. on 19 July, 2018
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.07.2018
+ CRL.M.C. 1643/2018
SATNAM SINGH ..... Petitioner
versus
THE STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. D.V. Goyal, Advocate.
For the Respondents: Ms. Neelam Sharma, APP for State.
SI Neeraj Kumar, PS S.B. Dairy.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
19.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks quashing of FIR No.305/2012 under Sections
420/468/471/120-B IPC, Police Station Shahbad Dairy. The
petitioner was discharged of the offence under Section 467 IPC.
2. As per the FIR, the petitioner as well as the co-accused had
entered into a transaction with the complainant for sale of the property
and, for purchase of which, a sum of Rs.20,00,000/- was paid as
earnest money. Subsequently, it transpired that the documents which
were handed over to the complainant were forged.
3. One of the co-accused Manjeet @ Maheshwar Singh @
Surender @ Bagga has since expired. This fact has been verified by
the Investigating Officer.
4. The other co-accused Pawan Kumar and Smt. Shakuntala are
absconding and have been declared absconders by the Trial Court.
5. The petitioner as well as the complainant have settled their
disputes and Settlement Agreement dated 16.03.2018 has been
executed before the Delhi Mediation Centre. As per the settlement,
the petitioner has agreed to pay a total sum of Rs.1,50,000/- to the
complainant.
6. The petitioner has paid a sum of Rs.25,000/- each in cash to the
respondent Nos.2 and 3 outside the Court and has also paid the
balance sum of Rs.50,000/- each by way of the following demand
drafts: - (a) DD No.723362 dated 17.07.2018 drawn on Andhra Bank
and (b) DD No.723361 dated 17.07.2018 drawn on Andhra Bank.
7. The respondent Nos.2 and 3 are present in Court in person and
identified by the Investigating Officer. They confirm that they have
settled their disputes with the petitioner and have received their
settlement amount of Rs.75,000/- each. They have also filed their
affidavits in support of the petition agreeing to the quashing of the
subject FIR qua them.
8. In view of the above and keeping in view of the fact that the
other co-accused have already been declared proclaimed offenders,
the subject FIR No.305/2012 under Sections 420/468/471/120-B IPC,
Police Station Shahbad Dairy is quashed only against the petitioner.
This would be without prejudice to the proceedings against the other
co-accused, who have been declared as proclaimed Offender.
9. Learned counsel for the petitioner submits that the petitioner
has deposited a sum of Rs.5,00,000/- before the Trial Court as a
precondition for grant of bail. He prays that the said FDR be released
to the petitioner.
10. In view of the fact that the FIR against the petitioner has been
quashed, the security furnished by the petitioner as a precondition for
grant of bail be released to the petitioner.
11. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 19, 2018
st
