Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5221 of 2019 Petitioner :- Dhirendra Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bipin Kumar,Satya Dheer Singh Jadaun Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29.7.2018 registered as Case Crime No. 272 of 2018, under Sections 420, 406, 467, 468, 471, 504 and 506 IPC, P.S. Pallavpuram, District Meerut.
The allegations in the First Information Report is with regard to fraudulently selling plots that were already sold and taking money from the informant. It is also alleged that cheques to refund the money were issued which returned dishonoured.
The contention of the learned counsel for the petitioners is that the main accused is Sanjeev Kumar Rastogi. The petitioners are co-partners in the firm and the amount due upon the firm has been settled outside the court in the year 2015. It is contended that the petitioners neither executed sale deed nor issued cheque in their personal capacity and, therefore, only a civil dispute is disclosed.
The aforesaid issues are questions of fact which could be determined on the basis of material collected during investigation and on the basis of evidence led in trial. The alleged disclosed settlement is of the year 2015 whereas the impugned F.I.R. has been lodged much later, after the cheques were dishonoured in the year 2016. Hence, the settlement of the year 2015 would not have much value for the relief sought.
Under the circumstances, the prayer of the petitioners to quash the First Information Report cannot be accepted.
The petition is dismissed.
Order Date :- 26.2.2019/Md Faisal