Suresh Kumar v. The State & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2691/2019 SURESH KUMAR ..... Petitioner Through:

Mr.

Nachiketa Chaudhary, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Anil Kumar, PS:Neb Sarai, Delhi Ms. Anju Thomas & Ms.

Nupur Kumar, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.05.2019 CRL.M.A.10768/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 2691/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.262/2016, under Section 135 of The Electricity Act, 2003(Act), registered at P.S.:Neb Sarai, 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 made the payment of Rs.1,80,000/- against the theft bill and a nodues certificate in this regard has been issued by the respondent No.2, the petition may be allowed and the FIR be quashed. 4.

Learned counsel for the petitioner submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner.

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 him 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. 262/2016, under Section 135 of the Act, registered at P.S.:Neb

Sarai, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.25,000/- within two weeks by the petitioner, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 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 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. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 20, 2019 tp