Sahid Choudhary & ORS v. State Of Delhi & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24.08.2018 + CRL.M.C. 4283/2018 SAHID CHOUDHARY & ORS ..... Petitioners versus STATE OF DELHI & ANR ..... Respondents Advocates who appeared in this case:

For the Petitioners :

Mr. Ranjit Singh, Advocate.

For the Respondent:

Mr. Raghuvinder Verma, APP for the State Mr. Anirudh Sharma, Advocate for BSES RPL.

Mr. Pradeep Baisoya, Assistant Manager-Legal, BSES-RPL.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.08.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.30625/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4283/2018 1.

The petitioners seek quashing of FIR No.350/2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Okhla Industrial Area, 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.84,556/- was raised. The matter was referred to Lok Adalat. Thereafter, the said amount was settled at CRL.M.C. 4283/2018

Rs.50,571.51/- . The said amount has been paid and a No Dues Certificate dated 09.10.2017 has been issued.

3.

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 petitioners 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. 50,571.51.

4.

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.

5.

In view of the above, the petition is allowed. FIR No.350/2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Okhla Industrial Area and the consequent proceedings emanating there from are quashed.

6.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J AUGUST 24, 2018/st CRL.M.C. 4283/2018