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High Court of DelhiCRL.M.C./2999/2023

Santosh v. The State & ANR.

2024-02-02Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2999/2023 & CRL.M.A. 11331/2023 SANTOSH ..... Petitioner Through:

Mr.Hemant Kumar, Mr.Shivam Juneja, Mr.Manas Saxena and Mr.Venkatesh Joshi, Advocates along with Petitioner in person versus THE STATE & ANR ..... Respondents Through:

Mr. Aashneet Singh, APP for State with SI Sandeep PS Punjabi Bagh and HC Sunil Yadav PS Cyber West.

Mr. Deepak Pathak, Advocate for respondent No.2/BSES RPL.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 0725/2020 registered under Section 135 of the Indian Electricity Act at Police Station Punjabi Bagh, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner was found involved in theft of electricity.

3.

Mr. Aashneet Singh, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only complainant in the present case. It is further submitted that the chargesheet has been filed. 4.

Learned counsel for the petitioner submits that matter has been settled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:57:31

before Lok Adalat and no dues certificate has been issued by the respondent No.2. Learned counsel for the respondent No.2 upon instructions states that the respondent No.2 has now left with no claim against the petitioner and that it has no objection to quashing of the instant FIR. 5.

The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Sandeep, PS Punjabi Bagh and HC Sunil Yadav PS Cyber (West) who are present in the Court. 6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Learned counsel for respondent No. 2 also states upon instructions from AR of respondent No.2 that respondent No.2 has entered into the aforementioned settlement out of its own free will, volition and without any coercion. He further states upon instructions that respondent No.2 has no objection if the present FIR and consequent proceedings are quashed.

7.

The parties shall remain bound by the statements made in Court today.

8.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 9.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J FEBRUARY 2, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 14:57:31