Mubeen v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5547/2014 MUBEEN ..... Petitioner Through Mr. M. Haibuddin, Advocate along with petitioner in person versus STATE & ANR.

..... Respondents Through Mr. Mukesh Kumar, APP for the State with SI Satish Kumar, P. S.

EOW Mr. Sanjiv Kalra and Ms. Shreya Mehra, Advocates for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.02.2019 Respondent no.2-Mr. Shariq Ansarullah, is present in Court along with his counsel and accepts notice. He has been identified by SI Satish Kumar of police station EOW.

Learned APP submits that apart from the petitioner there are two more accused namely Smt. Gulshan and Mr. Idris Khan. On the oral prayer made by the learned counsel for the petitioner, Smt. Gulshan and Mr. Idris Khan are impleaded as respondent nos. 3 and 4. Amended memo of parties is taken on record.

Respondent no. 2 submits that he has settled the matter with petitioner of his own free will and without any undue force, pressure or coercion vide Memorandum of Understanding dated 1st December, 2014. He further submits that he has taken possession of the property bearing No. C-312, Shaheen Bagh, Abul Fazal, Enclave-II, Jamia Nagar, New Delhi-110025 pursuant to the settlement. He says that he has no objection in case FIR No. 181/2012 under Sections 420/467/468/471/447/120B IPC Police Station Economic Offence Wing and the consequent proceedings are quashed against the petitioner.

Keeping in mind the voluntary settlement arrived at between respondent no.2 and petitioner, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed against the petitioner and respondent nos. 3 and 4. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J FEBRUARY 06, 2019 b