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2024 Supreme(Online)(MP) 17763

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S. KALGAONKAR, J
Vikram Rana – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 3696/2024



Advocates:
Suresh Agrawal,Advocate General

Compromise between parties does not justify quashing an FIR when serious allegations of cheating and forgery are involved, affecting public order.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 420, 467, 468, 471 - Quashment of FIR - Petition filed for quashing FIR related to cheating and forgery in government job recruitment - Compromise between parties acknowledged but not sufficient to quash FIR due to ongoing investigation and public order concerns. (Paras 1, 2, 3, 4, 5)

(B) Inherent Jurisdiction - The court emphasized that inherent jurisdiction under Section 482 should not be exercised to quash FIR when the investigation reveals serious allegations of cheating and forgery affecting public order. (Paras 6, 7)

Facts of the case:
The petitioner, along with co-accused, was involved in a scheme to defraud individuals seeking government jobs by demanding large sums of money under false pretenses. A total of Rs.7 lac was taken from each victim, and the investigation revealed a larger conspiracy. (Paras 1, 2)

Findings of Court:
The court found that the compromise between the parties does not negate the serious nature of the allegations and the ongoing investigation, which has implications for public order. (Paras 6, 7)

Issues: The main issues included whether the FIR could be quashed based on a compromise and the implications of the ongoing investigation on public order. (Paras 4, 5)

Ratio Decidendi: The court ruled that the compromise does not warrant quashing the FIR, as the investigation indicates serious criminal activity that affects public order, thus justifying the continuation of proceedings. (Paras 6, 7)

Result: Petition under Section 482 of CrPC dismissed.

ORDER

Petitioner has filed this petition under Section 482 of CrPC for quashment of FIR as well as further criminal proceedings in relation to FIR at Crime No.787 of 2023 registered at Police Station Thatipur, District Gwalior for offence punishable under Section 420 read with Section 34 and added Sections 467, 468, 471 of IPC in view of compromise between the parties.

As per the case of prosecution, Shivam Rawat submitted a written complaint with SHO, Police Station Thatipur, District Gwalior inter alia alleging that he is working in a Private job at Arogya Medical, Thatipur.

He was preparing for examination to secure Government job. Papendra Rawat introduced him to Chanda alias Chandralekha Jain. Chandralekha Jain proposed to get them Government job in Railways through Vikram Rana (petitioner). On 22-09-2022, Chanda invited him and Papendra to her Government accommodation in Thatipur, where they met Vikram Rana. Vikram Rana proposed to got them job of TC Clerk in Railways. Vikram Rana asked for Rs.1 lac in advance and Rs.3 lacs after getting job. They accordingly paid Rs.1 lac to Chanda Jain. After three-four months, Chanda Jain returned the advance money and proposed to get another job of RPF Head Constable and asked for Rs.7 lacs. They received a joining letter on 11-10-2023, so they paid Rs.7 lac to Chanda Jain in presence of Vikram Rana and Bhanu Pratap Vaishya. But, no formal joining letter was issued, therefore, they asked Chanda Jain to return their money. Chanda Jain informed that Bhanu Pratap Vaishya has committed fraud with them. Chanda alias Chandralekha Jain, Vikram Rana and Bhanu Pratap Vaishya have committed cheating and fraud with Papendra Rawat, Alok Singh Raghuvanshi, Rajkumar Rawat also and taken Rs.7 lac from each of them. On such allegations, PS Thatipur, District Gwalior registered FIR at Crime No.787 of 2023 for offence punishable under Section 420 read with Section 34 of IPC against Chandralekha Jain, Vikram Rana (petitioner) and Bhanu Pratap Vaishya.

During investigation, it was found that Anoop Singh Rana was also involved in the alleged offence of cheating along with his brother Vikram Rana and other co-accused. It was found that accused have cheated in all nine persons of Rs.7 lac each. Bhanu Pratap Vaishya was identified as Jitendra Kumar Shrivas, son of Mohan Lal Shrivas, resident of Village Sersa. He was arrested on 25-12-2023. It was revealed that Bhanu alias Jitendra has forged the joining letters relating to appointment as Sub- Inspector in RPF and cheated various persons on the pretext of Government job. One forged ID card of Indian Army in the name of Vikram Rana was recovered and seized. One video was recovered from computer of Jitendra alias Bhanu, which shows distribution of money amongst Jitendra, Vikram Rana and Anoop Singh Rana. Investigation is underway. Pending the investigation against absconding accused Vikram Rana and Chanda Jain, Final Report was submitted against Jitendra Kumar Shrivas and Anoop Singh Rana on 18-03-2024.

During pendency of this petition, a joint application i.e. IA No. 1732 of 2024 was filed for granting permission to compound offence along with affidavits of the petitioner and the respondent No.2 to 5/ complainant, stating therein that they have resolved the dispute amicably out of Court and they do not wish to pursue the matter anymore. Learned Counsel for the petitioner submitted that both the parties have amicably settled their dispute, therefore, the FIR as well as further criminal proceedings in relation to FIR at Crime No.787 of 2023 registered at Police Station Thatipur, District Gwalior for offence punishable under Section 420 read with Section 34 and added Sections 467, 468, 471 of IPC may be quashed. Learned Counsel appearing for respondent No.2 to 5/complainant does not dispute the factum of compromise between the parties. Learned Counsel for the petitioner places reliance upon the orders passed by Supreme Court in Pramod Kumar Agrawal and Another

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