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High Court of DelhiCRL.M.C./2311/2016

Navi Ahmed Tilva & ANR v. The State NCT Of Delhi & ANR

2016-12-02Hon'Ble Ms. Justice Mukta Gupta2 pages

2# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2311/2016 NAVI AHMED TILVA & ANR ..... Petitioners Represented by:

Mr. Gyan Prakash Singh and Mr. S. Mohiuddin, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Ajay, PS Govindpuri.

Mr. Rishab Raj Jain, Advocate for respondent No.2/BSES RPL with Ms. Jaya Thakuria, Sr.

Manager, Legal in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.12.2016 By the present petition the petitioners seek quashing of FIR No. 519/2012 under Sections 379 IPC and Section 135 of the Indian Electricity Act (Amended), 2003 registered at PS Govindpuri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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 respondent No.2 has CRL.M.C. 2311/2016

settled the matter with the petitioner and against the theft bill of ₹3,18,384/- settlement has been arrived at with the petitioners at the permanent Lok Adalat for a sum of ₹2,38,800/- which amount has been paid by the petitioners. She on behalf of Respondent No.2 states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of Ms. Jaya Thakuria, Senior Legal Manager of respondent No.2 and pray that the above noted FIR be quashed In view of the fact that the parties have settled the matter before the permanent Lok Adalat, no useful purpose will be served in continuance of the proceedings, 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. 519/2012 under Sections 379 IPC and Section 135 of the Indian Electricity Act (Amended), 2003 registered at PS Govindpuri, Delhi and proceedings pursuant thereto are hereby quashed. Petitioners 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.

DECEMBER 02, 2016/'vn'

CRL.M.C. 2311/2016