DILSHAD &ANR. Petitioners Through Mr.D.K.Santoshi, Adv. v. STATE NCT OF DELHI & ANR.

1. This is a petition for quashing of FIR no.17/2011, u/S 420/471/468/34 IPG registered by P.S. Krishna Nagar in respect of which investigation is still pending.

2. The ground for quashing of the aforesaid FIR is that the petitioners have arrived at a settlement with the respondent no.2/complainant.

3. The affidavit of the petitioners and-the complainant are placed on record in support of the averments made in the petition. The petitioners and the respondent no.2/complainant are present in Court and have been duly identified by their respective counsel.

4. I have heard the learned counsel for the parties and perused the record. 2011:DHC:10753

5. The allegations against the petitioners are that they have induced the minor son of the respondent no.2/complainant to procure a sum of ?63,000/-, a gold chain and few blank cheques from his residence and handed over the same to the petitioners. The blank cheques handed over to the accused persons were forged by the petitioners with the signatures of the complainant and thereafter, encashed from the bank of the complainant. A total sum of ^1,38,000/- is purported to have been withdrawn by them from the account of the complainant.

6. The learned counsel for the complainant has stated that only a gold chain and a sum of ?1,10,000/- was returned to the complainant. Ordinarily, in a case of this nature where the person has gone to the extent of forging and using forged documents as genuine and thereafter, encashed the money from the bank, no mercy ought to have been shown for compounding the offence as it shows the proclivities of the offender, however, keeping in view the fact that the petitioners are the first offenders and are of young age, I feel that such a strict view may not be taken. However, they deserve to be put to terms by putting the investigating machinery into motion on account of registration of the offence.

7. Accordingly, permission is granted to compound the offence subject to the petitioners depositing a sum of ^15,000/- each in the Delhi Legal Services Authority within two weeks from today.

8. On depositing the aforesaid amount, the petitioners shall submit the original receipt with the 10 and place the photocopy of the said receipt on the judicial record also. The 10 on receiving the original receipt shall close the investigation and file appropriate cancellation report. In case the aforesaid amount is not deposited within two weeks, the 10 shall be free to complete the investigation and file final report before the Court concerned.

9. With these directions, the petition stands disposed of.

AUGUST 19, 2011 RN V.K. SHALI,J