Arvind Kumar Bhatnagar v. State (Govt Of NCT) Delhi & ANR

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 702/2018 ARVIND KUMAR BHATNAGAR ..... Petitioner Through:

Ms. Sonam Teotia, Adv.

versus STATE (GOVT OF NCT) DELHI & ANR ..... Respondents Through:

Mr. Akshai Malik, Addl. PP for the State with SI Anurag Mr.

Sunil Fernandes, Standing Counsel with Mr. Arnav Vidyarthi, Ms. Anju Thomas and Ms. Nupur Kumar, Advs. for R-2/BSES-RPL

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.02.2018 Crl.M.A.2518/2018 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.C. 702/2018 & Crl.M.A.2517/2018 (stay) 1.

The petitioner seeks quashing of FIR No. 1283 of 2016 under Section 135 of the Indian Electricity Act registered at Police Station Mehrauli, New Delhi.

2.

On an allegation of theft of electricity, the subject FIR was registered and an assessment bill in the sum of Rs. 56727/- was raised on the consumer i.e. Residents Welfare Association. The petitioner was the General Secretary of the said association and accordingly was arrayed as an accused in the subject FIR.

CRL.M.C. 702/2018

3.

The said assessment bill has been paid by the consumer i.e. Residents Welfare Association.

4.

In these circumstances, the petitioner has been filed seeking quashing of the said FIR.

5.

Learned counsel appearing for BSES-RPL submits that he has instructions to settle the disputes in respect of the subject FIR. He submits that parties have settled their all disputes. He further submits that they do not wish to press the criminal complaint against the petitioner any further. 6.

In view of the fact that the disputes between the parties have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

7.

In view of the above, the petition is allowed. FIR No. 1283 of 2016 under Section 135 of the Indian Electricity Act registered at Police Station Mehrauli, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

8.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 09, 2018 'rs'

CRL.M.C. 702/2018