Sadat Masood & ORS v. The State Govt Of NCT Of Delhi & ANR

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4820/2017 SADAT MASOOD & ORS .....Petitioners Through: Mr.Mohan Singh and Mr.A.Rohen Singh, Advocates for the petitioners versus THE STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr.Pradeep Gahlot, APP for the State with Inspector Sanjeev Kumar, PS Spl.Cell.

Kr.Nirmala, Advocate for Complainant with complainant in person through VC

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.08.2024 1.

This present petition under Section 482 Cr.P.C. has been filed on behalf of the petitioners seeking quashing of FIR No. 139/2004 under Sections 419/420/468/120B IPC registered at Police Station Special Cell, Lodhi Colony, on the basis of a settlement dated 2.11.2017, arrived at between the parties, which is on record of this Court and annexed as Annexure P-2 to the petition.

2.

As per the settlement an amount of Rs.13,50,000/- was to be paid to the respondent No.2/complainant, which has been received by him. 3.

Respondent No.2 appears through VC and confirms the same, as also by the counsel appearing on behalf of the respondent No.2. 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 13/08/2024 at 11:39:34

4.

It is further submitted by the learned counsel appearing on behalf of the petitioners that the main accused Mohd. Shahid Khan has passed away. 5.

As regards the petitioner, he is not available in Court considering he is diagnosed with cancer and is undergoing treatment. 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. 7.

Accordingly, the petition is allowed. Consequently, FIR No. 139/2004 under Sections 419/420/468/120B IPC registered at Police Station Special Cell, Lodhi Colony and proceedings emanating therefrom are quashed. 8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 8, 2024 SV/na 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 13/08/2024 at 11:39:34