Yunus Khan & ORS. v. State NCT Of Delhi And ANR

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3364/2024 & CRL.M.A. 32396/2024 YUNUS KHAN & ORS.

.....Petitioner Through:

Mr. Abhishek Chhabra, Mr. Jitender Singh and Mr. Vijay Yadav, Advs.

for petitioners with petitioners versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Rahul Tyagi, ASC (Crl.)for State with Ms. Sangeet Sibou, Mr. Jatin, Mr. Mathew M. Philip, Ms. Priya Rai & Mr. Abhishek Tomar, Advocates SI Shankar PS Dabri Mr. Kripa Shanker Mishra, Adv. for R-2 with R-2

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 25.10.2024 1.

This petition has been filed seeking quashing of FIR No No.464/2023, under Section 420 1PC registered at police station Dabri on the basis of settlement arrived at between the parties arrived at with the facilitation of Mediation Centre, Dwarka Courts, Delhi, dated 28th August 2023, which is on record of this Court.

2.

As per the settlement, outstanding balance of Rs.26 lakhs is being paid tendered today vide DD nos.004301, 063494 and 063483 all drawn on AXIS Bank. The same has been handed over to respondent no.2 who has duly 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 04/11/2024 at 11:27:25

received it in Court.

3.

Petitioner no.1,2, 4 and 5 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Petitioner no.3 has since passed away; his Death Certificate is on record. 4.

APP for the State informs that apart from the aforementioned petitioners, there was one more co-accused Jafir Ansari, who name does not find mention in the memo of parties.

5.

Counsel for the complainant, on instructions, states that in terms of settlement, he has no objection to quashing of the FIR qua all the petitioners including Jafir Ansari.

6.

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. Accordingly, the petition is allowed. Consequently, the FIR No No.464/2023, U/S 420 1PC registered at police station Dabri Delhi and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 8.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 25, 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 04/11/2024 at 11:27:25