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High Court of DelhiCRL.M.C./4088/2017

Fakre Alam v. The State NCT Of Delhi & ANR

2017-10-09Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4088/2017 & Crl. M.A.No.16417/2017 (exemption) FAKRE ALAM ..... Petitioner Through:

Mr.Javed Hussain, Adv.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Akshai Malik, APP for State with SI Anurag from PS-Mehrauli.

Mr. Arnav Vidyarthi, Adv. with Mr.Pradeep Basoya, Authorized Representative for respondent No.2/BSES Rajdhani Power Ltd., New Delhi.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 09.10.2017 1.

Present petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.1305/2016, under Section 135 of Indian Electricity Act (Amend.), 2003 registered at Police Station-Mehrauli. 2.

Learned counsel for the petitioner submits that the petitioner has already settled the matter with the BSES and paid a sum of Rs. 84,060/- and seek the quashing of the aforesaid FIR.

3.

Learned counsel for the BSES submits that they have no objection if the present FIR is quashed as the matter has been settled with the BSES. 4.

Learned APP for the State also submits that he has no objection if the present FIR No. 1305/2016 is quashed. Moreso, they are only performa party.

CRL.M.C. 4088/2017

5.

Statements of the petitioner as well as of Mr. Pradeep Baisoya, Authorized Representative for the BSES have been recorded separately to this effect.

6.

In view of the aforesaid statements, the FIR No.1305/2016, under Section 135 of Indian Electricity Act (Amend.), 2003 registered at Police Station-Mehrauli and all the proceedings emanating therefrom are quashed. 7.

The petitioner is, however, burdened with costs of Rs.7,000/- to be deposited with the Delhi High Court Legal Services. Cost deposited. Copy of receipt is placed on record.

8.

The petition stands disposed of accordingly.

SANGITA DHINGRA SEHGAL, J OCTOBER 09, 2017/ssc CRL.M.C. 4088/2017