Anuj Sharma v. State ( Govt Of NCT Of Delhi) & ORS
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 730/2016 & CRL.M.A. 4100/2016 ANUJ SHARMA ..... Petitioner Through:
Ms Meenal Devgan, Advocate.
versus STATE ( GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:
Ms Nandita Rao, Addl. Standing Counsel (Crl.).
Mr Rakesh Tiku, Sr. Advocate with Mr Brijesh Kumar, Advocate R-2 to R-4.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
O R D E R
% 08.03.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), seeking quashing of FIR No.363/2015 under Sections 406/420/468/467/471 IPC registered at Police Station- Anand Vihar, Delhi. Issue notice.
Ms Nandita Rao, learned Addl. Standing Counsel (Crl.), accepts notice on behalf of the official respondent and, on instructions from the IO in the subject FIR, namely, SI Vineet, states that they do not oppose the relief prayed for in the present petition.
Mr Tiku, learned senior counsel, instructed by Mr Brijesh Kumar, learned counsel, accepts notice on behalf of the respondent Nos.2, 3 and 4, the accused in the subject FIR, and states that they have already arrived at an amicable
resolution of the dispute that led to the registration of the subject FIR. The subject FIR came to be registered on an allegation made by the petitioner herein that the respondent No.2 in collusion with respondent Nos.3 and 4 had impersonated him and obtained a loan from ICICI Bank. The petitioner, who is the complainant in the subject FIR, had earlier instituted a proceeding under Section 156(3) of the Code before the Chief Metropolitan Magistrate, Karkardooma Court, Delhi, which has since been withdrawn. A complaint in this behalf made to the SHO of Police Station- Anand Vihar, East District, Delhi, has been withdrawn voluntarily by the petitioner herein on 15.02.2016. A copy thereof has been annexed to the present petition as annexure P-4 at page 53.
In view of the foregoing, no useful purpose will be served by proceeding with the subject FIR. Resultantly, the FIR No.363/2015 under Sections 406/420/468/467/471 IPC registered at Police Station- Anand Vihar, Delhi, is hereby set aside and quashed qua the respondent Nos.2 to 4 subject to each of them depositing a sum of Rs.10,000/- with the Victims' Compensation Fund within a period of two weeks from today. The receipt thereof be provided to the IO in the subject FIR.
With the above direction the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J MARCH 08, 2016 mk