The Delhi High Court recent quashed a cheating case against a Ramjas College student, who was booked for stealing a phone and withdrawing money from the bank account of a man selling biryani on a rehri (hand cart).
Justice Manoj Jain took into account the age of accused and also the lack of any past criminal record. Further, the Court also noted that the offences alleged against the student were compoundable in nature and that the matter had been settled between the parties.
“Petitioner is a student at Ramjas College, Delhi University, with no previous involvement of any kind and, keeping in mind his young age and, in view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. Moreover, the offence is compoundable in nature,” the Court said.
On the day of the incident, the biryani seller was approached by four men to buy biryani. Later, the seller noticed that his mobile phone was stolen.
When he bought a new SIM card and activated it on another device, he learnt that an amount of over ₹89,000 had been withdrawn from his bank account.
The seller lodged a complaint with the police against the student. The matter was subsequently amicably settled between them.
In light of the settlement, the student approached the Court seeking quashing of the criminal case against him.
The student denied the allegations against him before Court. He claimed that he did not know how the amount landed in his bank account.
However, the Court was also informed that the money has been deposited back into the seller’s account and that the biryani seller does not wish to pursue the matter any further.
Therefore, the Court proceeded to quash the case against the student.
“Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.”
Advocates Vikram Nagpal, Abhinav Anand and Shubham Saurabh alongwith petitioner-in-person.
Additional Public Prosecutor Sunil Kumar Gautam appeared for the State.
[Read Judgment]