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High Court of DelhiCRL.M.C./7638/2024

Mahamed Sharif v. State ( NCT Of Delhi) & ANR.

2024-09-26Hon'Ble Mr. Justice Anish Dayal2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7638/2024, CRL.M.A. 29139/2024, CRL.M.A. 29140/2024 & CRL.M.A. 29141/2024 MAHAMED SHARIF .....Petitioner Through:

Mr. Samar Khan, Mr. Abhishek Bhakshi, Mr. Tanwar Nayar, Mr.

Saud Khan, Mr. Yagyesh Kumar & Mr. Shubhang Sharma, Advs.

versus STATE ( NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hemat Mehla, APP for State Insp. Ramveer Singh, & SI Vivek PS Sarojini Nagar Mr. Neveille Mukerji, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.09.2024 1.

This petition seeks quashing of FIR No.24/2023 u/s 419/420/380 IPC PS Sarojini Nagar based on settlement as recorded by the parties before the Court of ASJ on 2nd February 2023.

2.

The issue arose out of non-payment of outstanding dues for stay at Hotel Leela Palace, New Delhi by the petitioner. The authorized representative of the complainant- Hotel Leela Palace was present before the ASJ and stated that accused had settled all the outstanding dues and they have no objection to grant of bail and accordingly, bail was granted. 3.

The authorized representative of the complainant- Hotel Leela Palace is present before this Court today as well and states that they have no objection to quashing of the FIR in view of payment by the accused of their 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 02/07/2025 at 08:53:40

outstanding dues.

4.

Petitioner is also present in the Court and is duly identified by the IO and the counsel.

5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 6.

Accordingly, the petition is allowed and FIR No.24/2023 u/s 419/420/380 IPC PS Sarojini Nagar and proceedings emanating therefrom are quashed.

7.

Petition stands disposed of along with the pending applications. 8.

Copy of order be given dasti.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 26, 2024/sm 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 02/07/2025 at 08:53:40