Nawab Haider@ Nawab Ahmad v. The State & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 266/2018 & Crl.M.A.No.1541/2018 NAWAB HAIDER@ NAWAB AHMAD ..... Petitioner Through:

Mr Prabhat Kumar, Adv versus THE STATE & ANR ..... Respondents Through:

ASI Ashok Kumar Mr Sunil Fernandes, SC for BSES with MR Arnav Vidyarthi, Adv for R-2

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 29.01.2018 The petitioner was convicted under Sections 379 of the IPC read with Section 135 of the Indian Electricity Act at Ps Jamia Nagar. This FIR was registered on the complaint of respondent No. 2. Respondent No. 2 has appeared in the court. He has no objection if the FIR stands quashed as his submission is that the petitioner has paid the entire amount in terms of the settlement arrived at inter se the parties. Learned counsel for the petitioner cites earlier precedents of this court wherein similar orders have been passed and on a settlement having been arrived at with the electricity department the said FIR stood quashed. One such order was passed in W.P.(C) 2146/2016 dated 26.07.2016, Md. Shamuddin vs State which has been placed on record. Noting the above factual scenario and the no

objection given by respondent No. 2, this court is of the view that the FIR No. 107/2017 registered under Section 379 IPC read with Section 135 of Indian Electricity Act and all consequent proceedings emanating therefrom needs to be quashed. Ordered accordingly. Petition disposed of in the above terms.

INDERMEET KAUR, J JANUARY 29, 2018 SU