Sanjeev Kumar @ Boby v. State Govt Of NCT Of Delhi & ANR.
$~63 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5724/2024 SANJEEV KUMAR @ BOBY .....Petitioner Through:
Mr. Harshit Shishodia, Mr. Vishal Chauhan, Advs.
versus STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents Through:
Ms. Priyanka Dalal, APP
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 19.11.2024 1.
This is a petition filed under section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C") seeking quashing of FIR No. 0414/2019, dated 22.10.2019, registered at PS: Farsh Bazar under section 135 of Indian Electricity Act (Amend.) 2003 and all consequential proceeding emanating therefrom.
2.
The FIR was registered against the petitioner for theft of electricity through illegal cable which was directly connected and fed power from the distribution box to user connected load at site. The electricity was used by the petitioner for domestic/residential purposes. 3.
During the pendency of the proceedings, the parties have arrived at a settlement and the petitioner has paid the entire dues of Rs 32,301/- to respondent no. 2/ BSES Yamuna Power Ltd. and in this regard, respondent no. 2 issued a No Dues Certificate on 02.07.2024 which is duly annexed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioner i.e. Mr. Sanjeev Kumar @Boby is present in Court and is identified by his counsel Mr. Harishit Sisodia, Adv. Respondent No. 2 i.e. BSES Yamuna Power Ltd. duly represented through its manager, namely Mr. Rahul Keshav is also present and is identified by Mr. Sanjeev Trivedi, Adv.
5.
The parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.
6.
Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 7.
This Court has previously quashed FIRs in similar circumstances, such as in Mukesh Mann vs. State of GNCTD CRL.REV.P. 869/2017; Amit Kumar vs. State NCT of Delhi and Anr., CRL.M.C. 240/21. 8.
In this view of the matter, there is no reason to continue the proceedings; however this court is inclined impose costs on the petitioner as the petitioner has used electricity through illegal means and due to his actions, the petitioner has mis-utilised the valuable judicial time as well as the time of the police.
9.
For the reasons noted above, , FIR No. 0414/2019, dated 22.10.2019, registered at PS: Farsh Bazar under section 135 of Indian Electricity Act (Amend.) 2003 and all consequential proceeding emanating therefrom are hereby quashed subject to the petitioner depositing a sum of Rs. 5,000/- as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
costs to be paid to DHCLSC within 4 weeks from today. 10.
The proof of payment shall be filed with the registry within 5 weeks from today, failing which the file shall be put before court. 11.
The petition is disposed of accordingly.
JASMEET SINGH, J NOVEMBER 19, 2024/DM 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.