Vijay Rana @ Iqbal Ansari v. State & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6365/2018 VIJAY RANA @ IQBAL ANSARI ..... Petitioner Through Mr.Shankar Datt Gahtori, Adv. with Mr.G.C. Joshi, Adv. & Mr.Vijay Datt Gahtori, Adv.

versus STATE & ANR ..... Respondents Through Ms.Manjeet Arya, APP for the State.

Mr.SI Mahendra, PS Adarsh Nagar.

Mr.S.P. Rana, Adv. with Respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioners seek quashing of FIR No.546/2005 registered u/s 420/467/468/471/379/411 IPC at Police Station Adarsh Nagar, Delhi on the basis of a settlement arrived at between the parties. 2.

Learned counsel for the petitioner submits that the petitioner was employed in the shop of respondent no.2 and based on a complaint lodged by the respondent no.2 that the petitioner had stolen his blank cheque and withdrawn a sum of Rs.20,000/- from his account by forging his signatures, the captioned FIR was registered. 3.

Learned counsel for the petitioner submits that the petitioner was not at all responsible for the said forging and it was another

employee who had probably misused the cheque but the respondent no.2 under a misapprehension that the petitioner was responsible for the same, had lodged the aforesaid complaint. He states that the parties have now with the intervention of other employees of the respondent no.2, amicably resolved their disputes. He also states that the petitioner volunteers to pay costs as may be directed by this Court and, therefore, prays that the captioned FIR and all consequential proceedings be quashed.

4.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the FIR emanates from a dispute between an employer and an employee, which now stands amicably resolved as also the fact that the plea of the petitioner that the cheque was stolen by somebody else, cannot be totally ruled out at this stage when the evidence is yet to be completed, no useful purpose would be served in continuing with the proceedings when the respondent no.2 himself does not want the same to continue any further. In my view the ends of justice demand that the FIR and all consequential proceedings be quashed. 5.

For the aforesaid reasons, the petition is allowed and the captioned FIR and all proceedings emanating therefrom are quashed, subject to the petitioner paying a sum of Rs.40,000/- as costs to the CRPF Wives Welfare Association in State Bank of India Account No.10591438490, within eight weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer.

6.

The petition is disposed of in the aforesaid terms. REKHA PALLI, J DECEMBER 14, 2018/aa