Sandeep Gupta v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1688/2017 SANDEEP GUPT ..... Petitioner Through:

Mr.N.K.Nagar, Advocate.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State with SI Amit Kumar, P.S. Mehrauli, Delhi.

Mr.Puneeth K.G. and Mr.Anurag Vijay, Advocates for R2/BSES.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.04.2017 Crl.M.A.No.6833/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1688/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.139/2015, under Section 135 of Indian Electricity Act, registered at Police Station Mehrauli, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner has submitted that on the complaint lodged by the complainant, i.e. Authorized officer of BSES, Andrews Ganj, New Delhi, the aforesaid FIR was registered against the petitioner. Counsel further submits that during the pendency of the investigation, the matter has been amicably settled between the respondent No.2/BSES and in terms of the said settlement, the settled/agreed amount of Rs.53,098/- has been paid

by the petitioner to the respondent No.2/BSES and nothing remains to be adjudicated further between the parties. Counsel further submits that since the matter has been amicably settled between the parties and nothing remains to be adjudicated further, however, the present FIR is coming as a hurdle in the peaceful and personal life of the present petitioner and prays that the FIR and all its subsequent proceedings may be quashed. The learned counsel for the respondent No.2/BSES on instructions admits the factum of amicable settlement with the petitioner and further admits that the petitioner has made the payment of settled amount of Rs.53,098/- with the respondent No.2/BSES and nothing remains to be due and payable by the petitioner and he has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and the settled amount of Rs.53,098/- has been paid by the petitioner to the respondent No.2/BSES and nothing remains to be adjudicated further between the parties, in these circumstances, I deem it appropriate to quash the FIR No.139/2015, under Section 135 of Indian Electricity Act, registered at Police Station Mehrauli, Delhi and all the proceedings emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J APRIL 26, 2017 'dc'