Deepak Khurana v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2671/2018 DEEPAK KHURANA ..... Petitioner Through Ms. Monika Arora with Mr. Harsh Ahuja, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

Mr. Sunil Fernandes with Mr. Arnav Vidyarthi and Ms. Anju Thomas, Advocate for R-2 with Mr. Pradeep Baisoya, Asstt. Manager (Legal) BSES-RPL SI Rajender Singh, Malviya Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.05.2018 Crl.M.A.9475/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 2671/2018 & Crl.M.A.9474/2018 (stay) 1.

Petitioner seeks quashing of FIR No.96/2017 under Section 135 Indian Electricity Act, Police Station Malviya Nagar. 2.

The subject FIR was registered consequent to a raid carried out at the premises of the petitioner where direct theft of electricity was detected. A bill for theft (direct theft) in the sum of Rs.1,52,697.12 /- was raised.

3.

Learned counsel for the petitioner submit that the matter has been CRL.M.C. 2671/2018

amicably resolved between the parties and the amount has been settled at Rs.1,22,200/-.

The settled amount of Rs.1,22,200/- has been paid and No Dues Certificate dated 03.04.2017 has been issued. 4.

Mr. Pradeep Baisoya, authorised representative of the respondent No.2 is present in Court in person. He submits that the respondent No.2 has settled the disputes with the petitioner and has received the entire settlement amount of the theft bill. He has instructions to state that the respondent No.2 has no objection to the quashing of the subject FIR and the consequent proceedings as the respondent No.2 has received the said amount of Rs. 1,22,200/-.

5.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press its complaint, 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6.

In view of the above, the petition is allowed. FIR No.96/2017 under Section 135 Indian Electricity Act, Police Station Malviya Nagar and the consequent proceedings emanating there from are accordingly quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 23, 2018/st CRL.M.C. 2671/2018