Sunil Kumar v. State NCT Of Delhi And ANR
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4199/2024 SUNIL KUMAR ..... Petitioner Through:
Mr.Bharat Deep Singh and Mr.Dipanshu Tomar, Advs.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr.Shoaib Haider, APP with SI Hemant Mr.Santosh Ramdurg, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 21.05.2024 CRL.M.A. 15910/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 4199/2024 & CRL.M.A. 15909/2024 2.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0762/2022 registered at Police Station: Jafrabad, North-East District, Delhi, under Sections 135/150 of the Indian Electricity Act, 2003 (in short, 'Electricity Act'), along with all other proceedings arising therefrom, based on a settlement.
3.
Issue Notice.
4.
Notice is accepted by Mr.Shoaib Haider, learned APP and by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Mr.Santosh Ramdurg, Advocate for the respondent no.2. 5.
The learned counsel for the respondent no.2, on instructions, submits that the matter has been settled between the parties before the E-National Lok Adalat, Delhi State Legal Services Authority on 09.03.2024.
6.
The learned counsel for the respondent no.2 submits that he has instructions to submit that a No Dues Certificate dated 18.03.2024 has been issued by the respondent no.2 and in view thereof, there is no liability left of the petitioner as against the respondent no.2 and therefore, the respondent no.2 has no objection if the present FIR and the proceedings emanating therefrom are quashed qua the petitioner. 7.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
8.
Keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.
9.
Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
proceedings emanating therefrom.
10.
Accordingly, the present petition is allowed. FIR No.0762/2022 registered at Police Station: Jafrabad, North-East District, Delhi, under Sections 135/150 of the Electricity Act and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.50,000/- with the Delhi High Court Bar Clerk's Association within a period of four weeks from today, and file the proof of such deposit with the Registry of this Court and supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J MAY 21, 2024/ns/ss Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.