Ravi Yadav & ANR. v. The State Of NCT Of Delhi & ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5892/2024 RAVI YADAV & ANR .....Petitioners Through:
Mr.
Rohit Makija, Mr.
G.P.S.
Diwakar, Mr. Mukesh and Mr. Ravi Bhargava, Advocates with petitioners in person.
versus THE STATE OF NCT OF DELHI & ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with ASI Manoj Malik PS Laxmi Nagar, Delhi.
Mr. Sanjeet Kumar Trivedi, Advocate for respondent No.2 (BSES).
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 29.10.2024
O R D E R
1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 0312/2020 registered under Sections 135/138/150 of Indian Electricity Act, 2003 at Police Station Kalyanpuri, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners tampered with the electricity supply system and indulged in theft of electricity for commercial purposes, without authorisation from the complainant company/respondent No.2.
3.
Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant in the present case. He further states that the chargeThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
sheet has been filed. Learned APP also submits that though the parties have compromised, some costs may be imposed on the petitioners considering the serious nature of the averments/allegations and since the state machinery has already been put in motion.
4.
Learned counsel for the petitioners submits that the parties have amicably settled their disputes and the petitioners have paid settlement amount/penalty to the respondent No.2/complainant company, which has issued a No Dues Certificate in the favour of the petitioners. A copy of the same has been placed on record. It is further submitted that respondent No.2/complainant company is now left with no claims or grievances against the petitioners.
5.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ ASI Manoj Malik PS Laxmi Nagar, Delhi. 6.
The petitioners have shown remorse for their conduct and undertake to not repeat the same in future. Learned counsel for respondent No. 2/complainant company also states that respondent No.2 has settled the matter out of its own free will, volition and without any coercion. He further states that respondent No.2 has no objection if the present FIR and consequent proceedings are quashed.
7.
The parties shall remain bound by the statements made in Court today.
8.
In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to the payment of composite cost of Rs.5,000/- to be deposited by the petitioners with the Delhi High Court Legal Services Committee within a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
period of four weeks from today.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. 10.
A copy of this order be communicated to the Secretary, Delhi High Court Legal Services Committee for intimation. 11.
With the above directions, the petition is disposed of. 12.
In case the proof of cost is not filed within four weeks, the I.O. shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J OCTOBER 29, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.