Punjab-Haryana High Court
Abhishek Tiwari And Ors vs State Of Ut Chd And Anr on 22 August, 2024
Neutral Citation No:=2024:PHHC:109353 CRM M-27614 of 2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 292 CRM M-27614 of 2024 Date of Decision: 22.08.2024 Abhishek Tiwari and others ...Petitioners Versus State of U.T. Chandigarh and another ... Respondents CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Deepak Gupta, Advocate, for the petitioners. Mr. Manish Bansal, Public Prosecutor for U.T., Chandigarh. Mr. Nishant Sidhu, Advocate for the complainant. N.S.SHEKHAWAT, J. (Oral)
1. The petitioners have filed the present petition under
Section 482 Cr.P.C. with a prayer to quash the FIR No. 107 dated
21.10.2023 under Sections 419, 420, 467, 468, 471 and 120-B of IPC
registered at Police Station Cyber Crime, Sector 17, Chandigarh
(Annexure P-1) on the basis of the compromise (Annexure P-2).
2. The FIR in the present case was registered on the basis of
the complaint moved by Navin Gupta, respondent No. 2, and the same
has been reproduced below:-
“To the SHO, PS Cyber Crime Sector-17, Chandiagrh,
Subject:- Job fraud, Respected Sir, it is submitted that 1,1 of 17
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Navin Gupta S/o Sh. Madan Lal Gupta, r/o 802/1,
Sector-43A, Chandigarh bring to your kind notice that I
received a phone call from Mobile No.918959368987
on 22nd June 2023 from a person called Amit Kaushik
pretended to speak from Timejobs.com and offered to
scheduled on interview for a job and asked for
Rs.6500/- registration fees. He shared a mail for the
same on 22nd June 2023 with e-mail
[email protected] to my e-mail,
gnavin [email protected] Since, I don’t have a job at that
time so I got lured and paid Rs 6500/- through SBI net
banking from my SBI A/c: 20018399573 to their
Account with following details as, Account Holder
Name: Times Jobs Limited, Bank Name: IDBI bank,
Account Number: 1325104000097273, IFSC Code:
1BKL0001325, Amount: Rs. 6500/- A mail confirming
payment receipt and Invoice copy received dated 27th
June 2023 from [email protected] received a
phone call from phone No.91-80-46767800 from
Company Called AECOM Limited for an Interview
dated 28/6/23 and e-mail received same day (28/6/23)
for further Interview on 29/6/23 @ 12:30 PM Via
telephonic mode with nos 91-8046767800 and email
with id [email protected] (AECOM Limited).
They (AECOM Limited with e-mail
[email protected]. offered me a job through this
above said e-mail on 30/6/23 and asked me to do 9PM
Course (Compulsory) thus forced me to make payment
of Rs.48,640/ through my a/c No. 20018399573 (SBI) to
their above said a/c No. 1325104000097273 (IDBI). A
mail for this course received from Amit Kaushik2 of 17
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([email protected]) dated 30/6/23. A mail
also received from same above e-mail for the required
documents for recruitment process. On 1st July 2023,
received a mail from Amit Kaushik with e-mail id
([email protected] to make a
payment for documents verification process for Rs
84,680/- to their IDBI bank A/C No.
1325104000097273. This was followed up by e-mail
from Times jobs ([email protected]) payment
was made through my SBI A/C-20018399573 to their
bank A/c- 1325104000097273 (IDBI). On 3rd July,
AECOM limited ([email protected]) offered me a job
with all details and a mail received from times jobs
([email protected]) on 3/7/23 to transfer
amount for Rs. 84200/- towards medical test through
AllMS: payment transfer for my SBI A/C to their A/C
with details as, A/C Holder: Times Jobs Limited, Bank
Name: HDFC Bank, A/c No: 50100622924593, IFSC
Code: HDFC0009679 a follow up Phone call for this
payment was made by Amit Kaushik with Mob
No. 8959368987. On 4th July 2023- a mail received from
Times Jobs ([email protected]) to transfer
amounts for Rs. 92804/- towards appointing PRO
(Personal Relationship Officer) named Prithviraj and
his Mob. No. 8950126058. Amount was transferred from
my SBI A/C to their HDFC A/C 50100622924593 IFSC
Code HDFC0009679. Invoice copy for said amount
received from Times jobs on 4/7/2023. On 05th July2023
E-Mail received from AECOM Ltd. from e-mail id-
[email protected] to transfer amount for
Rs. 182400/- towards permanent employment
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agreement. Payment was transferred from my SBI A/C
to their HDPC A/C-50100622924593. A phone call was
also received from Mr. Parveen Gupta with Mob 84588-
04035 who has pretending as HR-Head of AECOM
limited. A follow up call from Amit Kaushik 89573-
68987 for processing for quick payment. On 5th July
2023 again, mail with Id [email protected] received
from Aecom Ltd to pay 1,46,000/- for IT Security and
training setting up. Payment transferred through my SBI
A/C to their HDFC A/C No. 50100622924593. Various
phone calls were received from Parveen Gupta of
AECOM Ltd from Mobile no 84588-04035 and from
Amit Kaushik of Times jobs from his Mobile No. 89593-
68987. I paid total amount of Rs. 6,45,224/- to these
fraudster in their different accounts but no job has been
given to me. You are requested to register the case
against these fraudster and help me to recover my
money from them, a fake letter of job appointment given
to me through e-mail from Aecom limited
([email protected]) and receipt of payment from times
jobs. I have uploaded my [email protected] and
linkedin. Please be noted that all e-mail have been
received on my [email protected]. Yours
Truly, Sd. Navin Gupta DOB 13/09/72 Mob
9888747470 e-mail gnavin [email protected] Dated 10-
07-2023. XXXXX”.
3. Learned counsel for the petitioners contends that in the
present case the FIR was got registered by respondent No. 2 against
unknown persons and during the course of investigation, the
petitioners were wrongly involved by the police in the present case. It
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was alleged that in the FIR that some unknown persons had cheated
the respondent No. 2 to the tune of Rs. 6.45 lacs on the pretext of
providing him employment in some company and during the
investigation, the petitioners, who are residents of Madhya Pradesh
were falsely involved by Chandigarh Police. Learned counsel further
contends that now with the intervention of the respectable of the
society, the matter has been compromised between the petitioners and
respondent No. 2/complainant vide compromise deed dated
14.05.2024 (Annexure P-2). Even, respondent No. 2 also filed an
affidavit (Annexure P-3) to the effect that he had received the entire
amount from the petitioners. Since, the complainant did not want to
proceed against the petitioners in the instant case, the FIR is liable to
be quashed by this Court on the basis of the compromise between the
parties.
4. On the other hand, learned State counsel has vehemently
opposed the submissions made by learned counsel for the petitioners
on the ground that it is a case of fraud by petitioners not only with the
respondent No. 2, but several other persons also might have fallen
prey to the petitioners. Even, by no stretch of imagination, it can be
termed as private dispute between two individuals. The society at
large is generally effected by such crimes and the petition is liable to
be dismissed by this Court. Learned State counsel further submits that
during the course of investigation, CAF & CDR of alleged/fraudsters
mobile numbers 8046767800, 8959126058 and 8458804035 were
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obtained from concerned service providers. CAF of mobile number
8046767800 was not received and the CAF of other mobile numbers
i.e., 8959368987 is in the name of Anmol Tiwari S/o Sanant Kumar
Tiwari R/o ward No. 9, Village Puras Post Office Mahason, Distt.
Rewa, MP; 8959126058 is in the name of Rahul Pathak S/o Chandra
Pathak R/o Ward No. 26, Near Subhash Jyoti School Distt. Rewa, MP
and 8458804035 is in the name of Kamla wife of Lata Ram R/o #12,
Shhramik Line No. 2, Gwalior, MP. The KYC detail/ownership &
statement of A/C No. 1325104000097273 IDBI Bank,
A/c No. 50100622924593 of HDFC Bank, A/C No. of
2211232942296175 AU Small Finance Bank, A/C
No. 922010050265260 Axis Bank, A/C No. 110120934210 Canara
Bank were obtained and analysed. Account No. 1325104000097273
(IDBI) has been found in the name of Prity Devi H. No. 11119/4
Shanti Nagar Distt. Suryapet (AP) & A/c No: 50100622924593 of
HDFC Bank, A/C No. 2211232942296175 AU Small Finance Bank,
A/C No. 922010050265260 Axis Bank, A/C No. 110120934210
Canara Bank found in the name of Satish Kushwaha, petitioner No. 2
Ward No. 26 near Subhash Jyoti School Pokhari Tola, Sharda Puram,
Huzur Distt. Rewa (MP). Further, the above-mentioned accounts have
been scrutinized. The whole amount was transferred in account of
HDFC Bank and IDBI Bank Account. Further the whole amount in
question was found transferred in different accounts
No. 2211232942296175 of (AU Small Financial Bank), Account
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No. 922010050265260 (Axis Bank) & Account No. 110120934210 of
(Canara Bank) and the same was found in the name of Satish
Kushwaha, petitioner No.2, resident of Ward No. 26 near Subhash
Jyoti School, Pokhari Tola, Sharda Puram, Huzur Distt. Rewa (MP).
Bank statement of complainant’s SBI Bank A/c No. 20018399573
alongwith under Section 65B Evidence Act Certificate obtained from
the bank. The separate requests have been sent to google to ascertain
the registered mobile number alleged and all email i.e.
[email protected]., [email protected], info@times
JObS.com, [email protected] and [email protected].
Further, conversation of the emails of complainant obtained from
complainant, in this regard and he gave a certificate U/S 65B
Evidence Act.
5. Learned State counsel further submits that Satish
Kushwaha, petitioner No. 2 was arrested on 23.11.2023 and on his
disclosure statement, Abhishek Tiwari petitioner No. 1 was arrested
and PAN Card and Aadhar Card were recovered from petitioner
No. 1. KYC detail/ownership & statement of bank along-with
U/s 65-B Evidence Act, Certificate of Account
No. 1325104000097273 IDBI Bank, Account No. 50100622924593
of HDFC Bank, Account No.2211232942296175 AU Small Finance
Bank, Account No. 922010050265260 Axis Bank and Account
No. 110120934210 Canara Bank were obtained and analyzed.
Account No. 1325104000097273 (IDBI) has been found in the name
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of Prity Devi H. No. 11119/4, Shanti Nagar Distt. Suryapet (AP) and
Account No. 50100622924593 of HDFC Bank, Account
No. 2211232942296175 AU Small Finance Bank, Account
No. 922010050265260 Axis Bank and Account No. 110120934210
Canara Bank found in the name of Satish Kushwaha, petitioner No. 2,
Ward No. 26 near Subhash Jyoti School Pokhari Tola, Sharda Puram,
Huzur Distt. Rewa (MP). Almost cheating amount was transferred in
above said four accounts. Further during investigation, it came into
light that Mobile Number 9752134348 (which is found in the name of
accused Abhishek Tiwari) found registered in bank Account
No. 922010050265260 of Axis Bank and Account No. 110120934210
of Canara Bank used in fraud money transactions.
6. Learned State counsel further submits that Satish
Khushwaha petitioner No. 2 was not involved in any other case,
however, Abhishek Tiwari petitioner No. 1 was involved in following
case:-
“FIR No. 251 of 2023 under Sections 294, 323, 325,
326, 506 and 34 of IPC registered at Police Station
Raipur Karchuliyan, District Madhya Pradesh.”
7. Still further, Shivendra Singh Sikarwar, petitioner No.3
was also facing two more criminal cases. Learned State counsel
further submits that keeping in view of the modus operandi of the
petitioners and also looking at the society at large and the motive of
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the petitioners, the present petition deserves to be dismissed by this
Court.
8. On the other hand, learned counsel appearing on behalf
of respondent No. 2 submits that he has no objection, in case the FIR
is ordered to be quashed on the basis of the compromise between the
parties. He further submits that even the parties had appeared before
the Court of Judicial Magistrate 1st Class, Chandigarh, in compliance
of the order dated 29.05.2024 passed by this Court and the FIR may
be quashed on the basis of the compromise.
9. I have heard learned counsel for the parties and perused
the record.
10. The Hon’ble Supreme Court has held in the matter of
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others
Vs. State of Gujarat and another, 2017(4) R.C.R. (Criminal) 523
and 2017 AIR Supreme Court 4843 as follows:-
“11 In Narinder Singh (supra), Dr Justice A K Sikri,
speaking for a bench of two learned Judges of this
Court observed that in respect of offences against
society, it is the duty of the state to punish the offender.
In consequence, deterrence provides a rationale for
punishing the offender. Hence, even when there is a
settlement, the view of the offender and victim will not
prevail since it is in the interest of society that the
offender should be punished to deter others from
committing a similar crime. On the other hand, there
may be offences falling in the category where the
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correctional objective of criminal law would have to be
given more weightage than the theory of deterrence. In
such a case, the court may be of the opinion that a
settlement between the parties would lead to better
relations between them and would resolve a festering
private dispute. The court observed that the timing of a
settlement is of significance in determining whether the
jurisdiction under Section 482 should be exercised:
“29.7…Those cases where the settlement is arrived at
immediately after the alleged commission of offence and
the matter is still under investigation, the High Court
may be liberal in accepting the settlement to quash the
criminal proceedings/investigation. It is because of the
reason that at this stage the investigation is still on and
even the charge-sheet has not been filed. Likewise, those
cases where the charge is framed but the evidence is yet
to start or the evidence is still at infancy stage, the High
Court can show benevolence in exercising its powers
favourably, but after prima facie assessment of the
circumstances/material mentioned above. On the other
hand, where the prosecution evidence is almost
complete or after the conclusion of the evidence the
matter is at the stage of argument, normally the High
Court should refrain from exercising its power under
Section 482 of the Code, as in such cases the trial court
would be in a position to decide the case finally on
merits…”
This Court held, while dealing with an offence under
Section 307 of the Penal Code that the following
circumstances had weighed with it in quashing the First
Information Report:
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“33. We have gone through the FIR as well which was
recorded on the basis of statement of the
complainant/victim. It gives an indication that the
complainant was attacked allegedly by the accused
persons because of some previous dispute between the
parties, though nature of dispute etc. is not stated in
detail. However, a very pertinent statement appears on
record viz., “respectable persons have been trying for a
compromise up till now, which could not be finalized”.
This becomes an important aspect. It appears that there
have been some disputes which led to the aforesaid
purported attack by the accused on the complainant. In
this context when we find that the elders of the village,
including Sarpanch, intervened in the matter and the
parties have not only buried their hatchet but have
decided to live peacefully in future, this becomes an
important consideration. The evidence is yet to be led in
the Court. It has not even started. In view of
compromise between parties, there is a minimal chance
of the witnesses coming forward in support of the
prosecution case. Even though nature of injuries can
still be established by producing the doctor as witness
who conducted medical examination, it may become
difficult to prove as to who caused these injuries. The
chances of conviction, therefore, appear to be remote. It
would, therefore, be unnecessary to drag these
proceedings…”
12 In State of Maharashtra v Vikram Anantrai Doshi,
2014(4) RCR (Criminal) 381; 2014(4) Recent Apex
Judgment (R.A.J.) 382: (2014) 15 SCC 29, a bench of
two learned Judges of this Court explained the earlier
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decisions and the principles which must govern in
deciding whether a criminal proceeding involving a
non-compoundable offence should be quashed. In that
case, the respondents were alleged to have obtained
Letters of Credit from a bank in favour of fictitious
entities. The charge-sheet involved offences under
Sections 406, 420, 467, 468, and 471 read with Section
120-B of the Penal Code. Bogus beneficiary companies
were alleged to have got them discounted by attaching
fabricated bills. Mr. Justice Dipak Misra (as the learned
Chief Justice then was) emphasised that the case
involved an allegation of forgery; hence the court was
not dealing with a simple case where “the accused had
borrowed money from a bank, to divert it elsewhere”.
The court held that the manner in which Letters of
Credit were issued and funds were siphoned off had a
foundation in criminal law:
“… availing of money from a nationalized bank in the
manner, as alleged by the investigating agency, vividly
exposits fiscal impurity and, in a way, financial fraud.
The modus operandi as narrated in the chargesheet
cannot be put in the compartment of an individual or
personal wrong. It is a social wrong and it has immense
societal impact. It is an accepted principle of handling
of finance that whenever there is manipulation and
cleverly conceived contrivance to avail of these kind of
benefits it cannot be regarded as a case having
overwhelmingly and predominatingly of civil character.
The ultimate victim is the collective. It creates a hazard
in the financial interest of the society. The gravity of the
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offence creates a dent in the economic spine of the
nation.”
The judgment of the High Court quashing the
criminal proceedings was hence set aside by this
Court”.
11. Still further, the Hon’ble Delhi High Court has held in
W.P. (CRL.) 685 of 2023 titled as “Achal Rana Vs. Govt. of NCT of
Delhi and another”, as follows:-
“11. In Madan Mohan Abbot v. State of Punjab (2008)
4 SCC 582, it was observed by the Hon’ble Apex Court,
while quashing an FIR registered inter alia under
Section 406 of IPC, that Courts can quash an FIR on the
basis of settlement where the disputes are purely
personal nature and do not affect the society at large.
The relevant observations read as under:
“6. We need to emphasise that it is perhaps advisable
that in disputes where the question involved is of a
purely personal nature, the court should ordinarily
accept the terms of the compromise even in criminal
proceedings as keeping the matter alive with no
possibility of a result in favour of the prosecution is a
luxury which the courts, grossly overburdened as they
are, cannot afford and that the time so saved can be
utilised in deciding more effective and meaningful
litigation. This is a common sense approach to the
matter based on ground of realities and bereft of the
technicalities of the law.”
(Emphasis supplied)
12. Learned counsel for petitioner had also argued that
the FIR in question pertains only to an offence under
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Section 420 of IPC and since the dispute between two
private persons has been settled, the FIR ought to be
quashed. In this regard, this Court takes note of the
observations of Hon’ble Apex Court in case of
Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641,
where while laying down principles for quashing of FIR
in cases of settlement, following principles, relevant for
the adjudication of present case, were also laid down:
“16.8. Criminal cases involving offences which arise
from commercial, financial, mercantile, partnership or
similar transactions with an essentially civil flavour may
in appropriate situations fall for quashing where parties
have settled the dispute.
16.9. In such a case, the High Court may quash the
criminal proceeding if in view of the compromise
between the disputants, the possibility of a conviction is
remote and the continuation of a criminal proceeding
would cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out
in propositions16.8. and 16.9. above. Economic offences
involving the financial and economic well-being of the
State have implications which lie beyond the domain of a
mere dispute between private disputants. The High Court
would be justified in declining to quash where the
offender is involved in an activity akin to a financial or
economic fraud or misdemeanour. The consequences of
the act complained of upon the financial or economic
system will weigh in the balance…”
(Emphasis supplied)
15. A bare reading of the FIR, details of which have
already been discussed in the preceding paragraphs,
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prima facie reveals commission of cyber-crime/cyber-
fraud whereby the amount was surreptitiously debited
from the bank account of complainant while he was
having a conversation with an individual presenting
himself as a customer care executive, who had called the
complainant from a mobile number. It remains
undisputed that the said sum which had got debited from
the complainant’s bank account in Delhi had found its
way into a bank account held by the petitioner in
Ahmedabad, Gujarat. It is also not the case of either
party that they were known to each other in past or that
there was any history of previous transactions between
them.
16. In today’s digital era, cyber-crimes are proliferating
at an alarming rate, leaving a trail of victims in their
wake. Neither are cyber- criminals bound by restrictions
of borders due to their global reach, nor do they
discriminate among their victims, thereby targeting the
elderly, the young, the businesses as well as the
governments in the digital landscape. The consequences
of cyber-crimes go beyond individual boundaries,
impacting numerous unsuspecting victims. As brought to
the knowledge of this Court during the course of
arguments, the investigation so far has revealed that
huge amount of money, totalling Rs. 28.17 crores has
been credited to the bank account of present petitioner
and it is to be investigated whether this amount also has
been obtained through such illegal and fraudulent means
and whether there are other victims of such cyber-fraud.
The gravity of such allegations cannot be undermined,
as they not only jeopardize the financial security and
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trust of individuals on financial payment
gateways/platforms, but also potentially expose the
broader public to similar threats”.
12. In the present case, it is apparent from the allegations
levelled by respondent No. 2/complainant that the respondent No. 2
had received several calls as well as e-mails from different persons
and a false promise was made to him to provide him employment in
some company. Even, the complainant had paid a total amount of
Rs. 6,45,224/- to the fraudsters/petitioners in different accounts, but
no job was provided to the respondent No. 2/complainant. Even, the
matter was investigated by the police and sufficient documentary
evidence was collected by the police, to show the complicity of the
petitioners in the crime. Even, no doubt the parties have entered into a
compromise in the present case, however, from the careful
examination of the material placed on record by the State, it becomes
very clear that the case extends beyond the realm of mere private
dispute between certain individuals. Rather, it is apparent from the
allegations that the modus operandi adopted by the petitioners as is
discernible from the contents of the FIR, indicates towards the
commission of cyber fraud and there is a possibility that more and
more victims had fallen prey to such cyber frauds and the
investigation is being conducted by the police further in this regard.
Thus, at this stage, it would not be appropriate to quash the FIR even
on the basis of compromise.
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13. Consequently, finding no merits, the present petition is
ordered to be dismissed.
22.08.2024. (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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