Sh. Ankush Mittal & ANR. v. Govt. Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3191/2024 SH. ANKUSH MITTAL & ANR.

.....Petitioners Through:

Appearance not given.

Petitioners in person.

versus GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for State.

Mr.

Ikrant Sharma, Ms.

Veena Bishnoi, Ms. Meenu Sharma, Ms.

Priyanka Verma, Ms. Sweta Sharma & Mr. Mann Sehgal, Advocates for R-2 with R-2 in person.

S.I. Umesh Yadav, PS IGI Airport, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 12.08.2024 1.

The present Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioner seeking to quash the FIR No. 80036711/2024 registered under Section 379 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station e-Police Station IGI Airport, IGI Unit, Delhi.

2.

Brief facts of the case are that the petitioners and the sister of the respondent No. 2 were travelling to their respective places on 27.03.2024. The petitioners found a pouch at IGI Airport, Delhi and thereafter, petitioners went to Lost and Found Counter of the Airport and deposited the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

said pouch to the Airport Authority.

3.

It is submitted that the petitioners with good intention informed the sister, namely, Manjit Kaur, of respondent No. 2 via phone call that her misplaced belongings which she left during travelling from India to U.S.A. have been deposited in Lost and Found Section at the Airport. 4.

However, the brother (respondent No. 2) of Ms. Manjit Kaur, reached the Airport and enquired about the same and he was handed over the pouch by the Airport Authority. The respondent No. 2, however, reported to the Airport Authority about one missing gold bangle of his sister, namely, Ms. Manjit Kaur from the pouch.

5.

On the complaint of the respondent No.

2, the FIR No.

80036711/2024 was registered at Police e-Station, IGI Airport, IGI Unit, Delhi.

6.

It is submitted that pursuant to the registration of present FIR, the bangle was found in the house of the complainant/respondent No. 2 in a pouch.

7.

It is submitted that during the pendency of the litigation, the parties have amicably settled all the disputes and differences between them vide Memorandum of Understanding dated 15.04.2024 which inter alia states that: - (i) That both the parties have mutually agreed to put an end to the present FIR which was registered on the complaint of respondent No. 2 due to misunderstanding and miscommunication, (ii) That both the parties have agreed to quash the present FIR, (iii) That the respondent No. 2 shall cooperate with the petitioners in getting the present FIR quashed, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(iv) That the petitioners have handed over the misplaced pouch to the Airport Authority in good faith, (v) That the petitioners are not liable for any offence as the FIR has been registered due to misunderstanding, (vi) That the parties have assured that they shall not file any complaint or case against each other.

8.

In view of the Memorandum of Understanding dated 15.04.2024, the present petition has been filed.

9.

The petitioners and the respondent No. 2 are present before this Court in-person today, and they have been identified by their counsel and Investigating Officer concerned.

10.

The parties have submitted that all the disputes have been amicably settled vide Memorandum of Understanding dated 15.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 11.

The present petition has been signed by the petitioners and is supported by their affidavits. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion. 12.

Today, the complainant/respondent No. 2, who is present in Court, states that the present FIR has been registered due to misunderstanding and the said missing bangle was found in his house in a pouch and has settled all the disputes with the petitioners and has no objection if the FIR is quashed. 13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

14.

Moreover, there is no legal impediment in quashing the FIR in question.

15.

Accordingly, FIR bearing No. 80036711/2024 registered at Police e-Station, IGI Airport, IGI Unit, Delhi, for offences punishable under Sections 379 of IPC, 1860 and all consequential proceedings emanating therefrom are quashed, subject to costs of Rs. 10,000/- to be deposited by the respondent No. 2 in Delhi High Court Advocates' Welfare Trust within two weeks.

16.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 12, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.