Rajbir Singh v. State & ANR

27# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJBIR SINGH ..... Petitioner Represented by:

Mr. R.S. Dalal and Mr.

Yashpal Sehrawat, Advocates with petitioner in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with ASI Kulbir Singh, PS J.P. Kalan.

Mr. Raghav Chadha and Mr.

Pradeep Basoya, Advocates with Ms. Jaya Thakuria, Sr.

Manager Legal and Authorised Representative of respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 17.03.2017 By the present petition the petitioner seeks quashing of FIR No. 212/2014 under Sections 135 of the Indian Electricity Act (Amended), 2003 registered at PS Jaffarpur Kalan, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto pending in the Court of Shri Gulshan Kumar, Additional Sessions Judge, Special Electricity Court, Dwarka, on the ground that the parties have settled the matter. Learned APP for the State on instructions from the Investigating

Officer submits that the petitioner is the only accused in the above noted FIR which was registered on the complaint of the competent officer of respondent No.2.

Ms. Jaya Thakuria, Senior Legal Manager of Respondent No.2/M/s BSES Rajdhani Power Ltd. is present in Court and is identified by the learned Counsel. She states that she is competent and authorised to depose on behalf of respondent No.2. She states that the assessment bill for theft of electricity for ₹54,518.32/- was raised against the petitioner and the petitioner has since paid the said amount to the respondent No.2. Thus the respondent No.2 does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of Ms. Jaya Thakuria, Senior Legal Manager and Authorised Representative of respondent No.2. In view of the fact that the parties have amicably resolved their disputes, no useful purpose will be served in continuance of the proceedings and the same would be an abuse of the process of the Court, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 212/2014 under Sections 135 of the Indian Electricity Act (Amended), 2003 registered at PS Jaffarpur Kalan, Delhi and proceedings pursuant thereto pending in the Court of Shri Gulshan Kumar, Additional Sessions Judge, Special Electricity Court, Dwarka are hereby quashed.

Petitioner and Ms. Jaya Thakuria, Senior Legal Manager of respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 17, 2017 'vn'