Anis Ahmed Khan v. State Of NCT Of Delhi & ANR
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1527/2019 ANIS AHMED KHAN ..... Petitioner Through:
Mr. Lalit Kumar, Mr. Aditya Kumar & Mr. Lal Bahadur Sahu, Advocates versus STATE OF NCT OF DELHI & ANR .... Respondents Through:
Mr. Panna Lal Sharma, APP Mr. Sunil Fernandes, Standing Counsel with Ms.
Anju Thomas, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 20.03.2019 CRL.M.A. 6085/2019 Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 1527/2019 1.
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.548/2018, under Section 135 of the Indian Electricity Act, 2003 (Electricity Act), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom.
2.
Learned counsel for the parties submitted that the parties have settled their dispute before the Delhi State Legal Services Authority, Special Lok Adalat on 9.2.2019, in terms whereof the petitioner has already made the payment of Rs.42,000/- and the respondent No.2 has issued a no-dues certificate, copy whereof is placed on record.
3.
Learned counsel for the respondent No.2, on the query of the Court, submitted that in view of the settlement arrived at between the parties, deposit of requisite amount by the petitioner as well as the no-dues certificate issued by respondent No.2, respondent No.2 has no objection to the petition being allowed and the FIR being quashed. 4.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioner.
5.
In view of the aforesaid circumstances and the settlement arrived at between 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.548/2018, under Section 135 of the Electricity Act, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.8,000/- within two weeks by the petitioner, out of which Rs.4,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.2,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC
Code:UCBA0001820 and Rs.2,000/- in the Delhi High Court Advocates' Welfare Trust and the receipts of the deposits be filed in the Registry within three weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within three 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 MARCH 20, 2019 tp