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High Court of DelhiW.P.(CRL)/1685/2024

Hasim Ali @ Sonu & ANR. v. State NCT Of Delhi Through S H O And ANR

2024-11-29Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1685/2024 HASIM ALI @ SONU & ANR.

.....Petitioner Through:

Mr. Nitin Saluja, Ms. Ishita, Advs.

versus STATE NCT OF DELHI THROUGH S H O AND ANR .....Respondent Through:

Mr. Sanjeev Bhandari, APP with Mr.

Charu Sharma, Mr. Nikunj Bindal, Advs.

SI Neelam, PS Sadar Bazar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 29.11.2024 1.

This is a petition filed under Article 226 of the Constitution of India read with section 482 Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 54/2012, dated 21.05.2012, registered at PS Sadar Bazar under Sections 406/409/420/467/471/120B of IPC, and all consequential proceedings emanating therefrom, if any. 2.

Briefly stating the facts are that respondent no. 2 purchased the second and the roof of a property bearing MPL No. 4035, situated in Ward No. XIV at Basti Mansa Ram, Gali Barna, Sadar Bazar, Delhi - 110006 vide a sale deed dated 21.04.2009. Subsequently, vide a document titled, 'amanatnama' dated 15.06.2010, the Respondent No. 2 handed over the possession of the said property to the Petitioner Nos. 1. 3.

As per the FIR, the dispute between the parties pertains to the title and ownership of the said property, whereby it is alleged that the petitioners The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

claimed ownership of the said property by using a forged bayana. 4.

During the pendency of the proceedings, the parties have arrived at a settlement by executing a Memorandum of Understanding on 19.01.2024, wherein the respondent No.2/complainant has agreed to cooperate in quashing of the FIR. Additionally, the respondent no. 2 states that all her disputes are settled and she has no objection if the FIR is quashed. 5.

The petitioners i.e. Mr. Hasim Ali (petitioner no. 1) and Ms. Shakila (petitioner no. 2) are present and have been identified by their counsel namely, Ms. Ishita, Adv.

6.

Respondent No. 2 i.e. Ms. Meh Zabeen is also present and has been identified by SI Neelam, PS Sadar Bazar.

7.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

8.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 9.

For the reasons noted above, FIR No. 54/2012, dated 21.05.2012, registered at PS Sadar Bazar under Sections 406/ 409/ 420/ 467/ 471/ 120B of IPC, 1860 and all consequential proceedings emanating therefrom, if any are hereby quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J NOVEMBER 29, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.