Mohd Zaheeruddin v. State (Govt Of NCT Of Delhi) & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 364/2017 MOHD ZAHEERUDDIN ..... Petitioner Through:

Mr. Neeraj Gupta, Mr. Sachin Garg & Ms. Hena Lamba, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Rajesh Mahajan, ASC for the State.

Ms. Chandrani Prasad, Mr. Virender Tarun, Mr.

Chirag Mahalwal, Advocates for and along with respondents No.2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 03.02.2017 Crl.M.A. No. 1976/2017 Delay in re-filing is condoned.

The application stands disposed of.

W.P.(CRL) 364/2017 The petitioner has filed the present petition seeking quashing of FIR No.135/2011 registered on the complaint of the complainants under Sections 420/ 468/ 471/ 34 IPC against the petitioners at Police Station - Sarojini

Nagar.

Issue notice. Mr. Mahajan accepts notice on behalf of the State. The respondents No.2 & 3, who are the complainants are present and they also accept notice. They are represented through their counsel, whose vakalatnama is on record. Respondents No.2 & 3 have produced their respective identity proofs, namely their Aadhaar Cards, which have been seen by the Court and returned.

The parties have arrived at a settlement on 05.03.2016, which has been placed on record. Under the settlement, out of the total settlement amount of Rs.6 Lakhs, the complainants have already received an amount of Rs.5 Lakhs. An amount of Rs.1 Lakh by way of two pay orders of Rs.50,000/- each has been tendered to the complainants in Court today. The complainants state that they have not been subjected to any pressure or coercion and that they have entered the settlement out of their own free will. The complainants further state that they join the prayer for quashing of the FIR in question.

The allegation against the petitioner is that the petitioner has issued forged and fabricated appointment letters to the complainants showing their appointment with employers, namely British Airways and Jet Airways. Looking to the aforesaid circumstances, I am not inclined to quash the FIR even on a settlement. However, the petitioner with a view to atone for his conduct is ready & willing to deposit Rs.1 Lakh in the Prime Minister's National Relief Fund.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. Subject to the aforesaid amount of Rs.1 Lakh being deposited by the petitioner in the

Prime Minister's National Relief Fund within two weeks and the original receipt thereof being provided to the I.O., the FIR in question and the proceedings emanating therefrom shall stand quashed. Dasti.

VIPIN SANGHI, J FEBRUARY 03, 2017 B.S. Rohella