Zafrullah Khan v. State (Govt Of NCT Of Delhi) & ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4352/2022 & CRL.M.A. 17804/2022 ZAFRULLAH KHAN ..... Petitioner Through:
Mr.Javed Ashraf Khan, Ms.Ashima Khan, Advs.
versus STATE (GOVT OF NCT OF DELHI) & ANR ...... Respondents Through:
Mr.Aman Usman, APP with SI Manish Tyagi.
Mr.Deepak Pathak, Adv. for R2/BSES RPL.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 18.01.2024 1.
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.624/2017 registered at Police Station: Jamia Nagar, South-East District, New Delhi under Section 135 of Indian Electricity (Amendment) Act, 2003 along with all other proceedings arising therefrom.
2.
The parties have amicably settled the disputes and the petitioner has paid the amount demanded by the respondent no.2. 3.
The learned counsel for the respondent no.2 does not oppose the present petition and reiterates that the dispute has been amicably settled.
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4.
In view of the above, and considering the Settlement between the parties, I find that there would be no use in continuing with the proceedings of the present FIR, as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, 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 proceedings emanating therefrom. 5.
Accordingly, the petition is allowed. Consequently, the FIR No.624/2017 registered at Police Station: Jamia Nagar, South-East District, New Delhi under Section 135 of Indian Electricity (Amendment) Act, 2003 and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.5,000/- with Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.
6.
The petitioner shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.
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7.
The petition and the pending application are disposed of is allowed in the above terms.
NAVIN CHAWLA, J JANUARY 18, 2024/Arya 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.