Samina Arshi v. The State & ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5345/2019 SAMINA ARSHI ..... Petitioner Through:

Mr. Anand Kumar Pandey, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Rohit Chahal, PS:Jamia Nagar, Delhi Ms. Anju Thomas, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.10.2019 CRL.M.A.38568/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C.5345/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.619/2017, under Section 135 of the Electricity Act, 2003 (Act), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion.

3.

Learned counsel for respondent No.2 has reiterated the aforesaid facts and submitted that since the petitioner has deposited the due amount of Rs.90,300/- and a No-Objection Certificate has been issued on 13.7.2018, she has no objection to the petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner and has also verified the settlement. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio-economic background of the petitioner, I deem it appropriate to give her a chance to reform and reintegrate into the society as a productive member. The petitioner is warned to be careful in future and not indulge in such activities again in future. Taking into consideration the remorseful attitude of the petitioner, this Court is also 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. 619/2017, under Section 135 of the Act, registered at P.S.: Jamia Nagar, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within two weeks by the petitioner, out of which

Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, and Rs.5,000/- in the and Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 18, 2019 tp