Disposed

Mohd Shahid Munna and Anr. v. .State of NCT of Delhi and Anr.

Delhi HC3 Oct 2024CRL.M.C./3578/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of an FIR for cheating and forgery offences after the parties settled amicably by memorandum of understanding and the State raised no objection. Relying on Supreme Court precedent, the High Court quashed the FIR and closed all proceedings arising from it.

What did the court decide?

FIR No. 376/2022 dated 18.11.2022 and all proceedings therefrom quashed/closed.

Mohd Shahid Munna and Anr. Vs .State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3578/2024

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MOHD SHAHID MUNNA AND ANR .....Petitioners

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Through: Ms. Parul Agarwal, Advocate with P- 1 in-person.

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versus

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.STATE OF NCT OF DELHI AND ANR .....Respondents Through: Ms. Shubhi Gupta, APP for the State. Inspector Balmukund Rai, P.S.: Chandni Mahal.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R 03.10.2024

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By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners seek quashing of case FIR No. 376/2022 dated 18.11.2022 registered under sections 420/468/471/120-B/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Chandni Mahal, Delhi. Consequent upon completion of investigation, an allegation under section 467 was added vide chargesheet dated 14.07.2023.

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At the outset, learned counsel for the petitioner informs the court that petitioner No.2/Mohd. Rehman and one Mohd. Shafiq, who were named as accused in the subject FIR, have passed-away.

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CRL.M.C. 3578/2024

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Page 1 of 3

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This is a digitally signed order.

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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 14/10/2024 at 10:29:44

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The petition is premised on Memorandum of Understanding dated ‘nil’.03.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

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The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs.

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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The court has interacted with the respondent No.2 , as also with petitioner No.1 , who have confirmed that they have now resolved the matter and a memorandum of understanding has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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CRL.M.C. 3578/2024

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Page 2 of 3

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This is a digitally signed order. 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 14/10/2024 at 10:29:44

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Accordingly, FIR No. 376/2022 dated 18.11.2022 registered under sections 420/468/471/120-B/34 IPC at P.S.: Chandni Mahal, Delhi is quashed. All proceedings arising therefrom also stand closed.

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Petition stands disposed-of.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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OCTOBER 3, 2024/ ak

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CRL.M.C. 3578/2024

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Page 3 of 3

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This is a digitally signed order.

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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 14/10/2024 at 10:29:44

Mohd Shahid Munna and Anr. v. .State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Mohd Shahid Munna and Anr. v. .State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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