Mujeebuddin & Anr vs The State & Anr on 25 February, 2022

[Cites 3, Cited by 1]

Delhi High Court - Orders

Mujeebuddin & Anr vs The State & Anr on 25 February, 2022

Bench: Mukta Gupta

                              $~42
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(CRL) 2018/2021
                                     MUJEEBUDDIN & ANR.                              .... Petitioner
                                             Represented by:       Mr. Bharat Dubey, Advocate
                                                                   with Ms. Shubhlaxmi Dubey,
                                                                   Advocate along with petitioners
                                                                   in person.
                                                          versus

                                     THE STATE & ANR.                              ..... Respondent
                                              Represented by:      Mr. Piyush Singhal, Advocate
                                                                   for Mr. Ashish Aggarwal, ASC
                                                                   for the State with SI Sonu Ram,
                                                                   PS Ashok Vihar.
                                                                   R-2 in person.
                                     CORAM:
                                     HON'BLE MS. JUSTICE MUKTA GUPTA
                                                   ORDER

% 25.02.2022 The hearing has been conducted through Video Conferencing.

1. By this petition the petitioners seek quashing of FIR No.167/2021, under Sections 380/457/34 IPC, registered at PS Ashok Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.

2. Learned counsel appearing for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners, impleaded by the amended memo of parties are the accused and respondent No.2 is the only complainant/ victim and no other person is involved.

3. In the above noted FIR, respondent No.2 stated that he was running a business of marble cutting blades in Wazirpur Industrial Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 2018/2021 Page 1 of 3 Signing Date:27.02.2022 11:26:54 Area, Delhi and he had employed one helper, namely, Shyam Kumar, that is the petitioner No.2 herein. Shyam Kumar used to come on Saturday and Sunday for packing of blades. He gained confidence of his father and got prepared a duplicate key of the godown from somewhere. Thereafter he committed theft of packets of blades in the night hours or early in the morning by opening godown through a duplicate key. When the complainant became suspicious on the stock depleting he checked the CCTV footage and found that the theft was committed in the premises. It was revealed that besides petitioner No.2, petitioner No.1 was also involved in the said theft.

4. During the pendency of the proceedings the parties have arrived at a settlement vide Compromise/ Settlement Deed dated 10th May, 2021, copy whereof is annexed as Annexure-B to the present petition.

5. Respondent No.2 who is present through video conferencing and is identified by the Investigating Officer states that he has settled the matter with the petitioners and have received a sum ₹6,00,000/- in lieu of the theft of the articles from his godown and now he has no claim whatsoever against the petitioners and does not wish to pursue the above noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties.

6. Petitioners who are present through video conferencing and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. They further assure that no such misconduct will take place in future and to show remorse they undertake to deposit the costs.

Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 2018/2021 Page 2 of 3 Signing Date:27.02.2022 11:26:54

7. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

8. Consequently, FIR No.167/2021, under Sections 380/457/34 IPC, registered at PS Ashok Vihar and proceedings pursuant thereto are hereby quashed, subject to the petitioners depositing costs of ₹3,000/- each or consolidated costs of ₹6,000/- with Delhi High Court Advocates Welfare Trust within two weeks.

9. Petition is disposed of.

10. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

FEBRUARY 25, 2022 vk Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 2018/2021 Page 3 of 3 Signing Date:27.02.2022 11:26:54

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Delhi High Court - Orders