Ashok Atma Dass v. State ( NCT Of Delhi) & ANR.

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 798/2018 ASHOK ATMA DASS ..... Appellant Represented by:

Mr. Krishan Kumar, Mr. S.P. Nangia and Mr. Honey Khanna, Advocates.

versus STATE ( NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Amit Dutt, PS Lajpat Nagar.

Mr. Sharique Hussain, Ms. Vridhi Sharma and Ms. Jaya Thakuria (AR, Legal Dept. BSES) for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.12.2018 Appellant has been convicted for offence punishable under Section 135 of the Electricity Act vide the impugned judgment dated 31st May, 2018 and sentenced to undergo rigorous imprisonment for a period of one year and pay a fine of ₹1,32,531/- in default whereof to undergo simple imprisonment for six months. Appellant was imposed civil liability for a sum of ₹88,353/-.

During the pendency of the present appeal parties proposed to negotiate a settlement and hence were referred to Delhi High Court Mediation and Conciliation Centre.

A report has been received from the Mediation Centre as per which appellant and respondent No. 2, the contesting party, have settled the matter. CRL.A. 798/2018

Copy of the settlement agreement is taken on record. In terms of the settlement agreement arrived at the respondent No. 2 has accepted a sum of ₹30,795/- from the appellant and issued a no dues certificate to the appellant.

Ms. Jaya Thakuria, Senior Legal Manager and authorised representative of respondent No. 2 is present in Court and states that in view of the settlement arrived at between the appellant and respondent No. 2 before the Delhi High Court Mediation and Conciliation Centre she has instructions and authority to state that the respondent No. 2 does not wish to pursue the above noted appeal against the appellant and his conviction and sentence including the amount directed to be paid as civil liability be quashed. Appellant who is present in Court affirms the statement of authorised representative of respondent No. 2. The appellant and authorised representative of respondent No. 2 duly identified by their learned Counsel have signed the order sheet in acknowledgment of their statements made above.

Since a settlement has been arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre the impugned judgment of conviction and order on sentence as also the order on civil liability to be paid is set aside.

Appeal is disposed of.

Crl.M.B. No. 1219/2018 Application is dismissed as infructuous.

MUKTA GUPTA, J.

DECEMBER 18, 2018/'yo'

CRL.A. 798/2018