Irfan v. The Commissioner Of Delhi Police & ORS
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 868/2016 IRFAN ..... Petitioner Through:
Mr. Nasir Ahmed and Mr. Zakir Hussain, Advs.
versus THE COMMISSIONER OF DELHI POLICE & ORS..... Respondents Through:
Mr. R.S. Kundu, ASC with Mr. Ankit Kr. Gulia and Mr. Kranti Bhandari, Advs. along with SI Sanjay Sharma, P.S. Mehrauli.
R-4 present in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 02.08.2016 By this writ petition, petitioner has prayed for quashing of FIR No. 3382/2015 under Sections 452/323/506/34 IPC registered at police station Mehrauli, on the complaint of respondent no.4. Respondent no. 4 has alleged in the FIR that some persons forcibly entered in his office on 25th December, 2015, at about 03:00 pm and gave beatings to his accountant, namely, Arshad.
On respondent no. 4 raising an alarm they ran away. One of them was the petitioner, who threatened him with dire consequences. While leaving, his hand bag, containing his two mobile phones, ATM card, cheque book and `3 lacs, were taken away.
It is submitted that petitioner has settled the matter with respondent
no. 4 amicably. Respondent no. 4 is present in Court and has been identified by SI Sanjay Sharma of police station Mehrauli. He admits having settled the matter with the petitioner vide agreement dated 15th July, 2016. He has no objection in case the FIR is quashed.
His accountant Arshad is also present in Court and has no objection in case FIR is quashed. Keeping in mind the nature of offences alleged and that a settlement has been arrived at between the parties, in the interest of justice, FIR 3382/2015 under Sections 452/323/506/34 IPC registered at police station Mehrauli and the consequent proceedings arising therefrom are quashed, subject to cost of `25,000/- to be deposited by the petitioner with the Bar Council of Delhi Advocates Welfare Fund within two weeks. Receipt be filed in the Registry.
Writ petition is disposed of in the above terms. A.K. PATHAK, J.
AUGUST 02, 2016 ga