Ruqaiya Begum & ORS v. The State & ANR

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4155/2019 & Crl.M.A.34180/2019 RUQAIYA BEGUM & ORS .... Petitioners Through:

Mr. Mohsin Sarwar, Adv. with the petitioners in person versus THE STATE & ANR .... Respondents Through:

Mr. Ashok Kumar Garg, APP with SI CP Singh and HC Ram Singh, PS Jamia Nagar, New Delhi Counsel for the respondent No.2 (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.08.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for the respondent No.2. 3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.549/2018, under Sections 135 of the Indian Electricity Act, 2003, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom.

4.

The petitioners and the learned counsel for the parties submitted that the parties have settled the matter and in terms of the settlement

arrived at between the parties, the petitioners have already paid the entire settlement amount to the respondent No.2, in pursuance whereof, the respondent No.2 has issued a No Dues Certificate (Annexure B).

5.

Learned counsel for the respondent No.2 submitted that the respondent No.2 has no objection to the petition being allowed and the FIR being quashed.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners and has also verified the settlement. 7.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.3,000/- for some social beneficial cause in any trust or association. 8.

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.549/2018, under Sections 135 of the Indian Electricity Act, 2003, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.3,000/- to be deposited by the petitioners in the Delhi High Court Advocates' Welfare Trust and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt shall also be handed over to the APP through the I.O. within 21 days. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

9.

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

CHANDER SHEKHAR, J AUGUST 26, 2019/rk