Rakesh v. State (NCT) Of Delhi & ORS

32# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4132/2016 RAKESH ..... Petitioner Represented by:

Mr. N.K. Naagar, Advocate with petitioner in person.

versus STATE (NCT) OF DELHI & ORS ..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with HC Mukesh Kumar, PS Saket, New Delhi.

Mr. Puneeth K.G and Mr. Sunil Fernandes, Advocates for respondent No. 2 with Ms. Jaya Thakuria, Senior Manager, Legal, BSES in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.11.2016 Crl. M.A. No. 17223/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 4132/2016 By the present petition the petitioner seeks quashing of FIR No. 882/2015 under Sections 135/138 of the Indian Electricity Act (Amended), 2003 registered at PS Saket, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter and paid the entire settled dues.

Learned APP for the State on instructions submits that in the above CRL.M.C. 4132/2016

noted FIR the petitioner is the only accused. Ms. Jaya Thakuria, Senior Manager, Legal of respondent No.2 is present in Court and is identified by the learned Counsel. She states that initially theft bill raised against the petitioners was ₹1,38,636/- however, the respondent No.2 has entered into a settlement with the petitioner and in lieu thereof the petitioner has paid a sum of ₹1,05,510/- to the respondent No.2 in full and final settlement of all the claims qua the disputed bills on the basis of which the above noted FIR was registered. She states that since the parties have settled the matter, the respondent No. 2 does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

In view of the fact that the parties have settled the matter, no useful purpose will be served in continuance of the trial in the above noted FIR and there is no legal impediment in quashing the FIR in question. Consequently, FIR No. 882/2015 under Sections 135/138 of the Indian Electricity Act (Amended), 2003 registered at PS Saket, Delhi and proceedings pursuant thereto are hereby quashed. Petitioners and Ms. Jaya Thakuria, Senior Manager, Legal, BSES have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

NOVEMBER 07, 2016/'vn'

CRL.M.C. 4132/2016