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High Court of DelhiW.P.(CRL)/79/2018

Muthuvel Palani M. v. C Angala Eswari & ORS

2018-01-10Hon'Ble Mr. Justice S.P.Garg3 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 69/2019 BRIJENDER PRABHAKAR ..... Petitioner Through:

Mr. Sandeep Singh, Advocate versus STATE & ORS.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Taib Khan, PS:Neb Sarai, Delhi Mr. Deepak Pathak, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.01.2019 CRL.M.A. 341/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 69/2019 1.

The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.395/2016, under Section 135 of the Delhi Electricity Act, registered at PS: Neb Sarai, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the parties submitted that the parties have settled their disputes.

3.

Learned counsel for the petitioner submitted that the petitioner has paid all the dues and nothing is due from him on account of assessment bill for theft raised by respondent No.2 against the petitioner.

4.

Learned counsel for the respondent No.2 submitted that, as per his instructions, in view of the payment made by the petitioner and the " no dues certificate " issued by respondent No.2, the present petition may be allowed and the FIR against the petitioner may be quashed.

5.

In view of the aforesaid circumstances and the statement of the learned counsel for the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 395/2016, under Section 135 of the Delhi Electricity Act, registered at PS: Neb Sarai, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of Rs.5,000/- with Delhi High Court Advocates‟ Welfare Trust and Rs.10,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 within ten days and a receipt of the said deposit be filed in the Registry within three weeks and a copy of the said receipt shall also be handed over to the APP through the I.O. within 3 weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 10, 2019 tp