Rovin @ Sonu v. NCT Of Delhi & ORS

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2354/2016 ROVIN @ SONU ..... Petitioner Through :

Mr. Nazim Husain Qureshi, Adv.

versus NCT OF DELHI & ORS ..... Respondents Through :

Mr. Avi Singh, ASC and Mr. Ananya Mohan, Adv. for R-1 with SI Kishore Prasad PS Greater Kailash.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.11.2016 Petitioner has prayed for quashing of the FIR No.513/2014 under Section 420/467/468/471 IPC registered at police station Greater Kailash on the complaint of respondent no.2.

Respondent no.2 has alleged in the FIR that petitioner approached him in the first week of May, 2014 and assured him for getting new electricity connections installed in the newly constructed house, that is, B-251, G. K.-I, New Delhi and took `10,000/- as advance. Subsequently, he produced six demand notes purportedly issued by BSES as well as receipts of payment of `1,05,600/- paid to BSES in respect of installation of electricity connections. Respondent no.2 has further alleged that he contacted BSES office and found that demand notes and receipts were forged documents. He tried to contact the petitioner but he was not available on the mobile number given by him. Investigation is at the primary stage.

Respondent no.2 is present in Court and has been identified by SI Kishore Prasad PS Greater Kailash. Respondent no.2 submits that he has settled the matter with petitioner on his own free will and without any undue force, coercion and pressure.

He submits that petitioner has returned `10,000/- to him. He further submitted that on 16th April, 2016, he has already written a letter to SHO PS Greater Kailash-01, New Delhi, stating therein that he would like to withdraw the case. Photocopy of letter dated 16th April, 2016 has been annexed with writ petition at page 12. SI Kishore Prasad admits that this letter has been received in the police station.

Keeping in mind the facts that petitioner and respondent no.2 have settled their disputes at the initial stage of investigation and respondent no.2 is not willing to pursue the FIR any further, in the interest of justice, FIR No. 513/2014 under Section 420/467/468/471 IPC registered at police station Greater Kailash, is quashed, subject to petitioner depositing `20,000/- with Delhi High Court Legal Services Committee within four weeks. Copy of receipt of depositing the cost be produced to the Investigating Officer. Petition is disposed of in the above terms.

Copy of the order be given Dasti to learned counsel for petitioner.

A.K. PATHAK, J.

NOVEMBER 24, 2016/dk