IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-13294 of 2011 Date of decision: 18th May, 2011 Mayank Dudeja … Petitioner Versus State of Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Kunal Dawar, Advocate for the petitioners. Mr. Sandeep Singh Mann, Sr. DAG, Haryana for respondent No.1. Mr. Rajesh Gaur, Advocate for respondents No.2 to 6. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.202 dated 13.04.2011 registered at Police Station Ambala Cantt. District Ambala under Sections 406, 420, 506, 120- B IPC along with all subsequent proceedings. Quashing of the above said FIR has been sought on the basis of a compromise (Annexure P-2) dated 22nd April, 2011 arrived at between the parties. It is stated in the FIR that one Rajinder Partap Singh posed himself as a Director of the North Zone of Seven Star Company. He showed the clippings of Aaj Tak news channel and Zee News channel, and duped various persons by projecting that funds provided by them shall be invested for making TV serials. He had also ensured return of 12 to 18 percent per month. It is stated that later-on the funds received were siphoned off. The petitioner is one of the accused. Criminal Misc. No. M-13294 of 2011 Mr. Sandeep Singh Mann, Sr. DAG, Haryana on instructions from ASI Satya Narayan has stated that five persons were cheated by the accused. The Investigating Officer has also identified those five persons, namely Vishal Mata, Vinod Kumar, Yogesh Gupta, Sumit Singla and Ishwar Singh, who are present in the Court and have been arrayed as respondents No.2 to 6 herein. Mr. Rajesh Gaur, Advocate appearing on behalf of respondents No.2 to 6, has stated that the amount received by the accused has been returned and a compromise has been arrived at between the parties. Learned counsel has further stated that respondents No.2 to 6 do not intend to pursue the present FIR. Counsel for the State has submitted that the final report under Section 173 Cr.P.C. has not yet been received and investigation is continuing. He has further stated that respondents No.2 to 6 may appear before the Investigating Officer and vouchsafe the factum of compromise. Counsel for respondents No.2 to 6 has submitted that they will appear before the Investigating Officer on 20th May, 2011 at 10.00 a.m. After hearing counsel for the parties, present petition is disposed of by issuing following directions: (a) Respondents No.2 to 6, if so advised, may appear before the Investigating Officer on 20th May, 2011 at 10.00 a.m.; (b) In case respondents No.2 to 6 appear before the Investigating Officer, their statements will be recorded by the Investigating Officer and the same shall be taken into consideration before submitting the final report under Section 173 Cr.P.C.; and 2 Criminal Misc. No. M-13294 of 2011 (c) The Investigating Officer shall take into consideration the factum of compromise and statements made by respondents No.2 to 6 and thereafter, shall formulate his independent opinion whether the accused are to be prosecuted or a cancellation report is to be submitted on the basis of compromise. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2011 rps 3