Chandra Vikas & ORS v. State Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2967/2017 CHANDRA VIKAS & ORS ..... Petitioners Through:

Mr.Sudipta Basu and Mr.Yogendra Kumar, Advocates.

versus STATE OF DELHI & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Anurag, P.S. Mehrauli, New Delhi.

Mr.Raghav Chadha, Advocate for R2/BSES.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 01.08.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.1212/2015, under Section 135 of Indian Electricity Act, 2003 registered at Police Station Mehrauli, New Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners has submitted that the petitioners are the bona fide consumers of electricity, however, due to misunderstanding, the complainant lodged the aforesaid FIR. Counsel further submits after the registration of the FIR, the matter has been amicably settled between the parties before the Lok Adalat for total sum of Rs.70,000/- and as per settlement, the said settled amount of Rs.70,000/- has been paid by the petitioners to the respondent No.2/BSES and no dues certificate has also been issued by the respondent No.2/BSES to the petitioners and nothing remains to be adjudicated further between the parties. Counsel further submits that the present FIR is coming as a hurdle in

the peaceful and personal life of the present petitioners 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 petitioners before the Lok Adalat and further admits that the petitioners have made the payment of settled amount of Rs.70,000/- with the respondent No.2/BSES and nothing remains to be due and payable by the petitioners 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.70,000/- has been paid by the petitioners to the respondent No.2/BSES and nothing remains to be adjudicated further between the parties; to have peace in the life of petitioners and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising of the same.

Consequently, FIR No.1212/2015, under Section 135 of Indian Electricity Act, 2003 registered at Police Station Mehrauli, New Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti to the parties. I.S.MEHTA, J AUGUST 01, 2017 'dc'