Mukesh Chand v. The State ( NCT ) Of Delhi & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2757/2018 MUKESH CHAND ..... Petitioner Through:

Petitioner with counsel (name not given) versus THE STATE ( NCT ) OF DELHI & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Arun Kumar, PS Hazrat Nizamuddin, Delhi Mr. Rishabh Raj Jain, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.842/2014, under Section 135 of Indian Electricity Act (Amendment), 2003 ('IE Act'), registered at P.S.: Hazrat Nizamuddin, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Special Lok Adalat, Delhi State Legal Services Authority on 10.2.2018 and 11.2.2018 as well as vide a No dues dated 13.2.2018 issued by the respondent No.2.

3.

Learned counsel for the petitioner submitted that the petitioner

has already paid the entire amount to the respondent No.2. 4.

Learned counsel for the petitioner submitted that in view of the No dues issued by the respondent No.2, the present petition may be allowed and the FIR may be quashed, subject to any condition whichever this Court may deem fit and proper. 5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner and has also verified the settlement arrived at between the parties.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.842/2014, under Section 135 of IE Act, registered at P.S.: Hazrat Nizamuddin, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.20,000/- to be paid by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within 21 days. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application

for passing appropriate orders.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 23, 2019/rk