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High Court of DelhiW.P.(CRL)/2708/2016

Mohd. Sahim v. State & ANR.

2016-09-16Hon'Ble Mr. Justice A.K. Pathak2 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2708/2016 MOHD. SAHIM ..... Petitioner Through :Mr. Naushad A. Khan, Adv. with petitioner in person.

versus STATE & ANR.

..... Respondents Through :Mr. Jamal Akhtar, Adv. for Mr.

Rahul Mehra, Standing Counsel for the State with SI Rajender Prasad, P.S. Maya Puri Mr. S. Haq, Adv. for respondent no. 2 with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.09.2016 Crl. M.A. No. 14413/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 2708/2016 Present FIR No. 630/2014 under Sections 420/34 IPC was registered at Police Station Maya Puri on the complaint of respondent no. 2. Complainant has alleged in the FIR that on 15th December, 2014 he had gone to ATM Centre of SBI at Maya Puri for withdrawing money. He

withdrew `14,000/-.

In the meanwhile, two persons came there and changed his card and also took his PIN number. Thereafter, they withdrew `75,000/- from his account.

`25,000/- was withdrawn in cash and `50,000/- was transferred in the bank account no. 1221000106097777 maintained with Punjab National Bank.

Petitioner and respondent no. 2 have settled their disputes vide Compromise Deed dated 15th September, 2016.

Respondent no. 2 is present in Court and has been identified by SI Rajender Prasad, P.S. Maya Puri.

Respondent no. 2 submits that he has received entire settled amount of `75,000/- from the petitioner. He submits that he is not willing to pursue the FIR any further. Keeping in mind that parties have settled their disputes during the investigation itself, FIR No. 630/2014 under Sections 420/34 IPC registered at Police Station Maya Puri is quashed, subject to, however, petitioner depositing cost of `15,000/- with Delhi High Court Legal Services Committee within one week.

Receipt be produced before the Investigating Officer.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

SEPTEMBER 16, 2016 rb