High Court of DelhiCRL.M.C./2784/2018

Suresh & ANR v. The State & ANR

2018-09-24Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:24.09.2018 + CRL.M.C. 2784/2018 SURESH & ANR.

..... Petitioners versus THE STATE & ANR.

..... Respondents Advocates who appeared in this case:

For the Petitioner : Mr.Braham Singh, Advocate. For the Respondent :

Mr.Raghuvinder Verma, APP.

Mr.Raghav Chaddha, Advocate for R-2 with Mr.

Pradeep Baisoya, AR of R-2.

SI Sunil Kumar, P.S.Govind Puri.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.09.2018 SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioners seek quashing of FIR No.1397/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003, Police Station Govind Puri, New Delhi, based on a settlement. 2.

The subject FIR was registered for theft of electricity consequent to a raid that had taken place in the premises of the petitioners where direct theft was found. A direct theft bill of Rs.50,804/- was raised. Thereafter petitioner approached the respondents and the parties had settled their disputes. It was agreed that a total amount of Rs. 16,935/- shall be paid by the petitioner. Said amount has been paid and a No Dues Certificate dated CRL.M.C. 2784/2018

10.12.2015 has been issued.

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 settlement amount of Rs.16,935/-.

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.

In view of the above, the petition is allowed. FIR No.1397/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003, Police Station Govind Puri, New Delhi and the consequent proceedings emanating there from are quashed. 6.

Order Dasti under the signatures of the Court Master. SEPTEMBER 24, 2018 SANJEEV SACHDEVA, J rk CRL.M.C. 2784/2018