Mohd Saleem v. State Of NCT Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5198/2024 MOHD SALEEM .....Petitioner Through:

Ms.

Nancy Guhwani and Mr.

Himanshu Ahuja, Advocate.

versus STATE OF NCT DELHI & ANR.

.....Respondent Through:

Mr. Satinder Singh Bawa, Advocate for R-1 with Insp. Yakub Khan, ASI Pintu P.S. NDRS, ND.

Mr. Girish Kargeti, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.07.2024 CRL.M.A. 19856/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

CRL.M.C. 5198/2024 3.

Petition under Article 227 of Constitution of India read with Section 482 of Cr.P.C has been filed for quashing of FIR No.0170/2023 under Section 379/411 of IPC registered at P.S. New Delhi Railway Station. 4.

The complaint has been filed by the respondent No. 2 Mr. Lalit Mohan Joshi who stated that on 21.11.2023 at about 10 P.M he was travelling in Train No.12039 at Seat No.58, Coach No.C-5 and that he was carrying his laptop bag containing three lakh rupees, a charger, Card The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 14:58:21

No.465506679298 and forgot the same on the train seat. When the passengers along with police came in the coach and asked the petitioner about the bag, he told that he was on duty in that coath and he just found this bag and was going to inform SSC/JE. The petitioner given them the bag and on search three lakh rupees and other items were found safe in the bag. Accordingly, a case vide FIR No.0170/2023 under Section 379/411 of IPC registered at P.S. New Delhi Railway Station has been registered against the petitioner.

5.

It is submitted that both the petitioners and respondent No. 2 have already sorted out their all differences with each other vide Settlement Agreement dated 26.06.2024 and they have left no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.

6.

The complainant and the petitioner both are present in the Court and submit that the matter stands settled between them without any force, pressure or coercion and that he has no objection if the FIR is quashed against the petitioner on account of the settlement already arrived at between the parties.

7.

In view of the submissions made, the Petition is allowed.

Accordingly, the FIR bearing No. FIR No.0170/2023 under Section 379/411 of IPC registered at P.S. New Delhi Railway Station with all the subsequent proceedings is hereby quashed qua the petitioner Mohd. Saleem. 8.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 10, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 14:58:21