Mohd. Ziaul Hasan v. State NCT of Delhi & Anr. & Ors

O R D E R %

14.11.2024

¶1The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 0170/2024 registered under Sections 305/331(4) of BNS, 2023, at Police Station Chandni Mahal, Delhi on the ground that the parties have amicably settled their disputes.

¶2As per the allegations levelled in the FIR, the petitioner broke into the house of respondent No.2 at night and stole money and jewellery.

¶3Mr. Shoaib Haider, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No. 2 is the complainant/victim in the present case. He further submits that the investigation is still pending and the charge sheet is yet to be filed.

¶4Learned counsel for the petitioner submits that the present FIR was This is a digitally signed order. registered due to a misunderstanding and with the intervention of elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Memorandum of Understanding dated 22.07.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No.2/complainant is now left with no claims or grievances against the petitioner.

¶5The petitioner and respondent No.2 are both present in Court and are identified by their respective counsels as well as by the Investigating Officer/ SI Narender Singh PS Chandni Mahal, Delhi.

¶6The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.

¶7Learned counsel for the petitioner submits that no other proceedings are pending between the parties. The parties shall remain bound by the statements made in Court today.

¶9In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

¶10With the above directions, the petition is disposed of.

MANOJ KUMAR OHRI, J NOVEMBER 14, 2024/rd This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8898/2024 MOHD. ZIAUL HASAN .....Petitioner Through: Mr. Deepak Gaur, Mr. Sunil Kumar and Mr. Abhishek Yadav, Advocates with petitioner in person. versus STATE NCT OF DELHI & ANR. & ORS .....Respondents Through: Mr. Shoaib Haider, APP for State with SI Narender Singh PS Chandni Mahal, Delhi. Mr. SP. Bhati, Advocate for respondent no.2 with respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI