Ravi Kumar & ANR v. State ( NCT Of Delhi) & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 18.07.2018 + CRL.M.C.2678/2018 RAVI KUMAR & ANR ..... Petitioners versus STATE ( NCT OF DELHI) & ANR ..... Respondents Advocates who appeared in this case:

For the Petitioners :

Mr. Sadiq Ali, Advocate with petitioners in person For the Respondents:

Mr. Sanjeev Sabharwal, APP for the State.

ASI Suresh Tyagi, P.S. Sarita Vihar Mr. Sunil Fernandes, Standing Counsel with Mr. Pradeep Baisoya, Manager, Legal, BSES RPL on behalf of respondent No.2.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

18.07.2018 SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioners seek quashing of FIR No.247/2017 under Section 135 Indian Electricity Act, Police Station Sarita Vihar. 2.

The subject FIR was registered consequent to an inspection at the premises of the petitioners where theft of electricity is alleged to have been found. A bill for theft in the sum of Rs.3,54,811.76 /- was raised. 3.

Learned counsel for the petitioner submits that the parties were CRL.M.C. 2678/2018

referred to Lok Adalat and the bill amount was settled at Rs.2,27,221.67/-. Said amount has been paid and No Dues Certificate dated 08.09.2017 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 petitioners 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.2,27,221.67/-.

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.247/2017 under Section 135 Indian Electricity Act, Police Station Sarita Vihar and the consequent proceedings emanating there from are accordingly quashed. 7.

Order Dasti under the signature of the Court Master. JULY 18, 2018/ns SANJEEV SACHDEVA, J CRL.M.C. 2678/2018