The High Court refused to quash an FIR, holding that merely being named as an accused during investigation does not equate to innocence, and disputed questions of fact cannot be resolved via inherent jurisdiction, nor can an offense be compounded without the complainant's consent.

The present petition has been filed for seeking quashing of FIR bearing No.0320 dated 30.07.2024, registered under Section(s) 406, 420 and 120-B of the Indian Penal Code, 1860, ( Sections 316 , 318 and 61 of the Bharatiya Nyaya Sanhita, 2023), at Police Station City Ganaur, District Sonipat, along with all the subsequent proceedings arising therefrom.

2 FIR in the present case has been registered on the statement of one Satyawan which reads thus: -

“Dear Sir,

1) That the present Complaint is being instituted by Satyawan for commission of offences under Sections 420 and 120B of the Indian Penal Code against:

a) Accused no. 1-SUBHASH SAINI

b) Accused no. 2- MOHIT SHARMA

c) Accused no. 3-YUVRAJ SAINI

That the facts leading up to the commission of the offences in this complaint are as mentioned below:

1. That Jurisdiction is at SONIPAT, HARYANA as the three accused approached the complainant at his residence, 2/15, SAINI MOHALLA, GANDHI NAGAR, GANAUR, SONIPAT, HARYANA and with malafide intention to cheat and tried to convince him about a fraud scheme to invest money in the forex trading and asked the complainant to invest in the forex scheme.

11. That all the above-mentioned three accused have pre planned to cause wrongful loss to the complainant and as such they induced him to invest in a scheme which they know that it is not beneficial to the complainant.

III. That accused no.1 hatched a criminal conspiracy with other two accused namely Mr. Mohit Sharma, Mr. Yuvraj Saini and created false record and forged the documents as well as impersonate others with malafide intention for wrongful gain.

IV. That all three accused conspire together strategy to misguide complainant by operating a fake company in the name of FXONENESS and use to inform innocent people that they have a company by the name of FXONENESS which operated in Dubai through which money is invested in Dollar and after investment 10 to 11 percent of that money is returned back in form of Dollar and half of its as returned as principal and half of it as interest. In this way these three accused have collected crores of rupees including the complainant from the innocent people with malafide intention and by doing fraud and forgery.

V. That after cheating innocent people for several months, they said that the company has fled and is non-operational. However from the reliable sources complainant came to know that the above mentioned accused are still operating a company namely Miracle World and both accused no.1 and accused no.3 are the main promoters in the company and they have created a fuzzy Crypto coin in the name of above mentioned company and again doing fraud and cheating innocent people with malafide intention and causing wrongful loss to innocent people.

VI. That the complainant also came to know that at the time of investing the maoney the MD of the company told his name as Wazir Singh but latter on complainant came to know that his real name is Ved Prakash, son of Shri Ram Kishan and he is resident of 284-B, near Huda market. Sector-4, Rewari, Haryana and works in FOREX Trading and generates money and Mr. Mohit Sharma is a partner in FXONENESS company and works as Main Promoter and Mr. Subhash Saini and his son Mr. Yuvraj Saini are members of the core committee in the company.

VII. That all the above mentioned three accused use to take money from innocent people by luring them and inducing them that they have invested the money collected from public in FXONENESS which does work of FOREX Trading and after sometime their money invested will get double and the same will be converted