Mohd Shahid Munna And ANR v. .State Of NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHD SHAHID MUNNA AND ANR .....Petitioners Through:

Ms. Parul Agarwal, Advocate with P1 in-person. versus .STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

Inspector Balmukund Rai, P.S.:

Chandni Mahal.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 03.10.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners seek quashing of case FIR No. 376/2022 dated 18.11.2022 registered under sections 420/468/471/120-B/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Chandni Mahal, Delhi. Consequent upon completion of investigation, an allegation under section 467 was added vide chargesheet dated 14.07.2023.

2.

At the outset, learned counsel for the petitioner informs the court that petitioner No.2/Mohd. Rehman and one Mohd. Shafiq, who were named as accused in the subject FIR, have passed-away. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petition is premised on Memorandum of Understanding dated 'nil'.03.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

4.

The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs. 5.

The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

6.

The court has interacted with the respondent No.2, as also with petitioner No.1, who have confirmed that they have now resolved the matter and a memorandum of understanding has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

7.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

8.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Accordingly, FIR No. 376/2022 dated 18.11.2022 registered under sections 420/468/471/120-B/34 IPC at P.S.: Chandni Mahal, Delhi is quashed. All proceedings arising therefrom also stand closed. 10.

Petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 3, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.