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High Court of DelhiW.P.(CRL)/1819/2016

Ravinder Kumar v. The NCT Of Delhi & ANR

2016-09-28Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1819/2016 RAVINDER KUMAR ..... Petitioner Through:

Mr. Ashish Dogra, Advocate.

versus THE NCT OF DELHI & ANR ..... Respondents Through:

Mr.

Sanjay Lao, ASC and Mr.Sidddarth Sidhu, Advocate along with SI Sunder Singh, PS-Baba Haridas Nagar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 28.09.2016 The petitioner has preferred the present writ petition to seek quashing of the FIR No.286/2015 registered on 16.05.2015 under Section 420/ 447/ 467/ 468/ 471/ 34 IPC at Police Station - Baba Haridas Nagar. The petition is premised on a compromise arrived at between the petitioner and respondent No.2/ complainant.

The complainant is present in Court. He is identified by the I.O. He states that he has entered into a settlement with the petitioner and he has received the sale consideration of the plot. Consequently, he does not wish to pursue his complaint any further and joins the prayer that the FIR in question and the proceedings emanating therefrom be quashed. Mr. Lao has pointed out that the allegations against the petitioner are

serious. He has apparently forged and fabricated documents for showing that he had purchased the property from one Sumit Yadav. However, during investigation, the said Sumit Yadav has not been located. It has been found that there was no house number as the one claimed to belong to Sumit Yadav and that such person was not residing in the locality. The petitioner has now obtained a fresh set of documents from the respondent No.2/ complainant.

Since the parties have settled their disputes and the complainant has sold his property to the petitioner for consideration and now he is satisfied and states that he does not wish to pursue his complaint, I am inclined to quash the FIR. At the same time, the allegations against the petitioner appear to be rather serious and further investigation may implicate the petitioner.

Learned counsel for the petitioner, on instructions from the petitioner, has stated that the petitioner may be subjected to costs. Accordingly, the petition is allowed subject to deposit of costs of Rupees One Lakh in the Prime Minister's National Relief Fund. The costs be deposited within four weeks and copy of the receipt be provided to the I.O., whereafter the case would be quashed.

VIPIN SANGHI, J SEPTEMBER 28, 2016 B.S. Rohella