Vikas Kashyap vs State And Others
2021 Latest Caselaw 1712 j&K

                                                                        S.No. 35

      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                      AT JAMMU

                                                         CRMC No.548/2017


Vikas Kashyap                                                   ....Petitioner(s)


                   Through :- Mr.Masood Ahmed, Advocate

V/s


State and others                                              ....Respondent(s)


                   Through :- Mr. Raman Sharma, AAG for R-1 to 4
                              Mr. Ashwani Gupta, Advocate for R-5..


Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                 JUDGMENT

21.12.2021

1. Instant petition under Section 561-A Cr.P.C has been filed by the petitioner for quashing FIR No. 31/2016 dated 02.04.2016 registered with Crime Branch, Jammu for commission of offences punishable under Sections 419/420/406/465/467/468/471 and 120-B RPC and the proceedings/investigation being conducted against the petitioner in the aforesaid FIR.

2. Briefly, facts leading to filing of the present petition are that petitioner is a self employed person, who has wrongly been roped in a false and frivolous case on the basis of a complaint filed by the complainant, namely, Imran Khan S/O Furquan Ahmed R/O H.No.4, B-Enclave, Mattoo Colony, alleging therein that the petitioner has cheated him at the pretext of providing him a government job. It is also contended that before filing petition at hand, the petitioner approached the Investigating Officer, Crime Branch, Jammu and apprised him about the aforesaid development and specifically requested for stopping

further investigation and closing the FIR then and there, but the Investigating Officer refused to accede to the request of petitioner on the plea that the FIR has been registered on the direction of the Court. It is further contended that in the preliminary verification initiated by the respondents, a compromise was executed between the complainant and the accused person, whereby the complainant stated that due to some misunderstanding and confusion he filed a criminal complaint against the accused person and also deposed that all the misunderstanding and confusion have been cleared and nothing any more issues pending against the accused person, as such, to withdraw the complaint pending before the respondents and also the complainant deposed an affidavit before the Magistrate that he has no grievance against the petitioner. It is also contended that after lodging the FIR against the petitioner, the respondent No.4 has also got recorded the statement of complainant under Section 164-A Cr.PC where the complainant has admitted this fact that he has no grievance against the petitioner, as such, does not want to pursue the complaint filed by him before the respondents, wherein same has also alleged in the report filed by the respondent No.4 on behalf of respondents 2 and 3, but, to the utter dismay of the petitioner, the respondents are proceeding with the investigation in the impugned FIR and are harassing the petitioner despite the complainant in the said FIR does not want to prosecute the said complaint. Being aggrieved of the FIR No. 31/2016 and the investigation being conducted therein, the petitioner challenges the same on the grounds taken in the petition.

3. On notice, respondents enter their appearance, but, despite various opportunities status report has not been filed by respondents 1 to 4.

4. Heard learned counsel for the parties and perused the record.

5. Petitioner and respondent No.5-complainant are present along with their counsels. Statements of both petitioner and respondent No.5 got recorded before the Registrar Judicial, which are taken on record. Petitioner and respondent No.5 have also produced original copy of the adhar cards, photocopy of which have been retained with the file.

6. On the basis of the statements recorded before the Registrar Judicial read with compromise agreement (Annexure-B with the petition) wherein petitioner and respondent No.5 have stated that they have settled all their disputes, issues and misunderstanding with each other, petitioner seeks quashment of FIR No.31/2016 dated 02.04.2016 registered with the Crime Branch, Jammu.

7. In view of the compromise arrived at between the parties and the statement recorded before the Registrar Judicial and in the interest of ensuring that tranquility in the society is restored and the parties to a dispute live in peace and harmony, this petition is allowed. Accordingly, FIR No. 31/2016 dated 02.04.2016 registered with Crime Branch, Jammu for commission of offences punishable under Sections 419/420/406/465/467/468/471 and 120-B RPC is hereby quashed.

8. Disposed of as above along with connected CM(s).

(Tashi Rabstan) Judge Jammu 21.12.2021 'Madan-PS' Whether order is speaking: Yes/No.

                                      Whether the order is reportable:        Yes/No.




MADAN LAL VERMA
2021.12.24 16:40
I attest to the accuracy and
integrity of this document