Dev Kaushik & ORS v. State ( Gnct Of Delhi ) & ANR

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on; 16.10.2018 % CRL.M.C. 5318/2018 + Petitioners DEV KAUSHIK & ORS versus STATE ( GNCT OF DELHI) & ANR Respondents Advocates who appeared in this case:

Mr. Himanshu Kaushik with Mr.

Harish Kaushik, Advocates.

For the Petitioner Mr. Kamal Kumar Ghai, APP for the State.

Mr. Darpan Sachdeva with Ms. Anju Thomas, Advocates for re'spondent No.2 with Mr. Pradeep Baisoya, AR of R-2 in person. For the Respondent CORAM:- HON'BLE MR JUSTICE SANJEEY SACHDEVA

JUDGMENT

16.10.2018 SANJEEV SACHDEVA. J. (ORALI Petitioners seek quashing of FIR No.991/2015 under Section 135 1.

Indian Electricity Act, 2003, Police Station Neb Sarai, New Delhi, based on a settlement.

2.

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.2,35,604/- was raised. Thereafter petitioner approached the respondents and the parties had settled their disputes. It was agreed that a total amount of Rs. 1,29,600/- shall be paid by CRL.M.C. 5318/2018 Page I of 2

the petitioners. Said amount has been paid and a No Dues Certificate dated 14.10.2016 has been issued.

Mr. Pradeep Baisoya, authorised representative of the respondent 3.

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. 1,29,600/-.

In view of the fact that the parties have resolved their disputes and 4.

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.

In view of the above, the petition is allowed. FIRNo.991/2015 under 5.

Section 135 Indian Electricity Act, 2003, Police Station Neb Sarai and the consequent proceedings emanating there from are quashed. Order Dasti under the signatures of the Court Master. 6.

V SACHDEVA, J OCTOBER 16,2018 St CRL.M.C. 5318/2018