Delhi High Court
Rizwan Ali & Anr vs State Of Nct Of Delhi on 23 August, 2017
$~21 & 22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 86/2017
RIZWAN ALI & ANR ..... Petitioners
Through: Mr. Dalip Kumar Santoshi,
Advocate with Mr.Vijay Singh, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr.Sanjay Lao, ASC for the State
with Mr.Siddharth Sindhu, Advocate along
with SI R.N. Pathak, PS Jagat Puri, Delhi.
Mr.Manish Malhotra, Advocate for R-2
along with Mr.Alok Tiwari, AR of the
respondent no. 2/complainant.
+ W.P.(CRL) 89/2017
RIZWAN ALI & ANR ..... Petitioners
Through: Mr. Dalip Kumar Santoshi,
Advocate with Mr.Vijay Singh, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr.Sanjay Lao, ASC for the State
with Mr.Siddharth Sindhu, Advocate along
with SI Nipender Kumar, PS Madhu Vihar,
Delhi.
Mr.Manish Malhotra, Advocate for R-2
along with Mr.Alok Tiwari, AR of the
respondent no. 2/complainant.
W.P. (Crl.) 86/2017 & 89/2017 Page 1 of 4
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 23.08.2017
VINOD GOEL, J. (ORAL)
Crl.M.A. 453-454/2017 (exemptions) in W.P.(CRL) 86/2017
Crl.M.A. 462-463/2017 (exemptions) in W.P.(CRL) 89/2017
Exemption allowed subject to all just exceptions.
Applications are disposed of.
W.P.(CRL) 86/2017 & W.P.(CRL) 89/2017
1. By writ petition, being W.P. (Crl.) 86/2017, the petitioners have
invoked the writ jurisdiction of this court under Article 226 of
the Constitution of India read with Section 482 of the Code of
Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the
FIR bearing No.0121/2016, registered on 22.04.2016 with
Police Station Jagat Puri, Delhi under Section 408/34 of IPC.
By writ petition, being W.P. (Crl.) 89/2017, petitioners seek
quashing of the FIR No.227/2016 registered on 06.04.2016 with
Police Station Madhu Vihar, Delhi, under Sections 408/34 IPC.
Both these FIRs were registered on the complaint of respondent
No.2.
2. It is submitted that both the petitioners were working with the
respondent no. 2 company. The State Bank of India has
authorized M/s HITACHI to maintain and replenish cash in
ATM machines in various areas of New Delhi and NCR. In turn
M/s HITACHI engaged the complainant company for the
purpose. On 08.01.2016, on making complaint by customers,
inquiries were conducted and a sum of Rs.62,500/- was found
deficient which led to registration of FIR No. 0121/2016.
Similarly, on another complaint of the customer made on the
same day, Rs.7,500/- was found deficient for which FIR No.
227/2016 was registered. It is alleged that the petitioners had
misappropriated the amount.
3. It is submitted that the petitioners had settled the matters with
the respondent no. 2/company and had deposited the
misappropriated amount with them. Respondent no. 2 had
issued a certificate dated 01.09.2016 to the effect that the short
amount qua petitioner no. 1 was Rs.35,000/-, out of which
Rs.10,878/- was paid to them in cash by the petitioner no. 1 and
the amount of Rs.24,122/- was adjusted against full and final
settlement in both the FIRs. Respondent no. 2 had issued
another certificate dated 01.09.2016 to the effect that the short
amount qua petitioner no. 2 was Rs.35,000/-, out of which
Rs.10,654/- was paid to them in cash by the petitioner no. 2 and
the amount of Rs.24,346/- was adjusted against full and final
settlement in both the FIRs.
4. Vide two separate resolutions dated 28.07.2017, the Board of
Directors of the respondent no. 2 company had authorized
Mr.Alok Tiwari AGM (HR & IR) to make statement before the
court for the purpose of recording the settlement. Mr.Alok
Tiwari has also filed his affidavit in both the matters to the
effect that the respondent No.2 had settled the matters with the
petitioners. He submits that since they had received the
misappropriated amount from the petitioners, the respondent no.
2 does not want to pursue with the said FIRs. He submits that
both FIRs may be quashed.
5. The matter has been amicably settled between the parties and no
purpose would be served in further pursuing with the said FIRs.
Hence, in the facts and circumstances of the case to secure ends
of justice, FIR bearing No.0121/2016, registered on 22.04.2016
with Police Station Jagat Puri, Delhi under Section 408/34 of
IPC and FIR No.227/2016 registered on 06.04.2016 with Police
Station Madhu Vihar, Delhi, under Sections 408/34 of IPC and
proceedings arising out of both the said FIRs are hereby
quashed subject to both the petitioners depositing total cost of
Rs.10,000/- for both the cases with the Prime Minister's Relief
Fund within a period of four weeks from today. Copy of
receipts be filed within two weeks thereafter and copy whereof
be also supplied to the IO.
6. Both the petitions are disposed of accordingly.
VINOD GOEL, J.
AUGUST 23, 2017
"shailendra"
