Rajeev Ranjan Ojha v. State & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3211/2019 & CRL.M.A.13227/2019 RAJEEV RANJAN OJHA ..... Petitioner Through:

Mr. L.K. Verma and Ms.

Bobby Verma, Advs. with the petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr.Ashish Dutta, APP with SI Hukam Chand, PS Mehrauli, Delhi Mr. Sunil Fernandes and Ms.

Anju Thomas, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1001/2015, under Section 135 of the Electricity Act, 2003, registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom.

2.

The petitioner as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Lok Adalat, presided over by Justice Sat Pal on 05.11.2015, in pursuance whereof, the petitioner has already paid a sum of Rs.24,896.33/- to the respondent No.2, who has already issued a No Dues Certificate to the petitioner.

3.

Learned counsel for the respondent No.2 also admitted the same and submitted that the matter already stands settled. 4.

Learned counsel for the petitioner submitted that in view of the No Dues Certificate issued by the respondent No.2, the present petition may be allowed and the FIR may be quashed. 5.

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

6.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute any amount whichever this Court may deem fit and proper for some social beneficial cause in any trust or association.

7.

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.1001/2015, under Section 135 of the Electricity Act, 2003, registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.3,000/- to be deposited by the petitioner within five days in the Delhi High Court Advocates' Welfare Trust and receipt of the deposit be filed in the Registry within 10 days. Copy of the receipt shall also be handed over to the APP through the I.O. within 10 days. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J JULY 08, 2019/rk