Naima Begum v. State (NCT Of Delhi) & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3676/2016 NAIMA BEGUM ..... Petitioner Through:

Mr. M.S. Khan, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Ms.

Srilina Roy, Advocate for Ms.Nandita Rao, ASC along with SI Nagender Nagar, PS- Sarita Vihar, for the State.

Mr. Raghav Chadha, Advocate for respondent No.2/ BSES RPL.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 23.12.2016 Crl. M.A. No.20114/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 3676/2016 The petitioner has preferred the present writ petition to seek quashing of FIR No.446/2014 under Section 135/ 150 of the Indian Electricity Act at PS - Sarita Vihar.

Issue notice. Ms. Srilina Roy accepts notice on behalf of Ms.Nandita Rao, learned ASC for the State. Mr. Raghav Chadha appears for respondent No.2 and accepts notice.

The submission of the petitioner is that the petitioner has made payment of the settled amount of civil liability of Rs.70,450/-. Learned counsel for the respondent No.2 submits since the civil liability stands settled, the respondent No.2 is not interested in pursuing the matter any further and has no objection to the quashing of the FIR and the proceedings arising therefrom.

Considering the fact that mere settlement of the civil liability does not efface the offence, initially I was not inclined to quash the FIR and the proceedings arising therefrom, however, the petitioner has argued that the petitioner is a 50-year old lady and she is ready & willing to atone for her conduct.

In view of the aforesaid, the FIR in question and the proceedings arising therefrom are quashed subject to the petitioner depositing Rs.25,000/- in the Prime Minister's National Relief Fund. The said amount be deposited within two weeks and the receipt thereof be provided to the IO, only whereafter the FIR shall be closed.

Dasti.

VIPIN SANGHI, J DECEMBER 23, 2016 B.S. Rohella