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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J
HAMEEDULLAH AKBAR@ FAHEEM MODH ZAI – Appellant
Versus
STATE (GOVT OF NCT OF DELHI) & ANR. – Respondent
CRL.M.C. 7020/2023 & CRL.M.A. 26189/2023 With CRL.REV.P. 368/2019 & CRL.M.A. 6588/2019
Quashing - Criminal Proceedings - CrPC Section 482, IPC Sections 376, 420, 385, 387, 506, 419, 467, 468, 471, 120B, Foreigners Act Section 14, IT Act Sections 66D, 66E - The court quashed the FIR based on the parties' amicable settlement, emphasizing the lack of prosecution support and the lengthy incarceration of the petitioner, which rendered further proceedings oppressive and futile.
Fact of the Case:
The petitioner was accused of impersonating a foreign national, inducing the complainant into a relationship under false pretenses, and committing various offenses including fraud and rape. The complainant later settled and sought to quash the FIR.
Finding of the Court:
The court found that the complainant voluntarily settled the matter, expressed no desire to pursue the case, and that the lengthy incarceration of the petitioner without trial was unjust. The court emphasized the unique circumstances warranting quashing the FIR.
Issues: Whether the FIR can be quashed based on the amicable settlement between the parties and the peculiar circumstances of the case.
Ratio Decidendi: The court held that even serious offenses could be quashed under Section 482 CrPC if the continuation of proceedings would be an exercise in futility, especially when the complainant does not support the prosecution.
Final Decision: The FIR and all related proceedings were quashed.
JUDGMENT
HON'BLE MR. JUSTICE VIKAS MAHAJAN
CRL.M.C. 7020/2023
1. The present petition has been filed under section 482 CrPC seeking quashing of FIR No. 14/2017 registered under sections 376/420/385/387/506/419/467/468/471/120B/34 IPC read with Section 14 of Foreigners Act and 66D & 66E of IT Act 2000 at P.S. Crime Branch along with all consequential judicial proceedings on the ground that the parties have arrived at a settlement.
2. Notice was issued in the present petition on 29.11.2023 and the State/Respondent No.1 was directed to file the status report. The State has filed its status report, which forms part of the record.
3. The brief facts of the case are:
(i) The FIR came to be registered on the basis of a complaint made by the complainant alleging that she is a US citizen and sometime in early 2016 the petitioner impersonated himself and fraudulently met her as one „Faheem Mohd Zai’. He developed friendship with the complainant/respondent no. 2 and started sending emails to her from his email ID. On the basis of false promise of marriage, the petitioner induced the complainant to have physical relations with him for the first time on 23rd November 2016 and several times thereafter. In order to convince her, the petitioner also got the respondent no. 2 sign some papers/documents for getting their marriage registered in Dubai.
(ii)At the relevant period of time i.e., in between 2016-2017, the petitioner on the basis of one false pretext or the other also exploited the complainant and their relations by fraudulently taking huge sum of money from the complainant on various occasions both by wire transfer as well as in cash approximately to the tune of 90,000 in US dollars.
(iii) On 16th January 2017, the complainant found out that the petitioner‟s real name is Hameedullah Akbar and he had also cheated many other girls of foreign origin in a similar manner. When the complainant confronted the petitioner, he promised to make amends and marry her. Later on, the complainant found out that the petitioner was already a married man and his wife was also pregnant.
(iv) Thereafter the petitioner threatened to throw acid on the face of the complainant and on 01.02.2017, in order to extort more money, the petitioner threatened of implicating the complainant in a false case. The petitioner had also taken indecent photos/ pictures of the complainant which he threatened to upload on the internet.
(v)This led to the registration of FIR and after the registration of FIR, the petitioner was apprehended and arrested by the Investigating Officer on 03.02.2017. Since then the petitioner is incarcerated.
(vi) On 09.02.2017, the statement of the complainant under section 164 CrPC was recorded before the Court of Ld. MM. During the investigation and upon enquiry, the office of FRRO, Delhi reported that on 03.07.2013, the petitioner arrived in India on a medical visa which expired on 31.12.2013 and he had been overstaying in India from 01.01.2014. He had not sought any extension of his visa. The petitioner despite being a foreign national from Afghanistan falsely and illegally managed to procure an Election ID card and PAN card in his real name as “Hameedullah Akbar”. He was found using the adoption deed dated 13.01.2016 which was false and fabricated for various illegal purposes.
(vii) After the completion of investigation and on the basis of collection of all the material and documents on 02.05.2017 the main chargesheet was filed by the IO for the commission of offences punishable under sections 376/419/420/385/387/506/467/468/471 IPC & section 14 of the Foreigners Act and 66-D & 66-E of the IT Act, 2000. The cognizance of the offences was taken by the learned Chief Metropolitan Magistrate, Patiala House Court- New Delhi. On the basis of further investigation and upon collection of additional incriminating material another supplementary chargesheet was filed by the IO on 16.08.2017, wherein apart from the present petitioner, two other accused persons namel
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