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High Court of DelhiW.P.(CRL)/3632/2018

Nitin Bal Chauhan v. The State Of Delhi & ANR

2019-01-30Hon'Ble Ms. Justice Mukta Gupta2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3632/2018 NITIN BAL CHAUHAN ..... Petitioner Represented by:

Mr.Ranjit Singh, Advocate versus THE STATE OF DELHI & ANR ..... Respondents Represented by:

Mr.Ashish Aggarwal, ASC for the State Mr.Pradeep Baisoya, A.R.(BSES)

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.01.2019 Crl.M.A.No.48387/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3632/2018 1.

By this petition, the petitioner seeks quashing of FIR No.25/2018 under Section 135 of the Indian Electricity Act, 2003 registered at PS Malviya Nagar on the complaint of the officer of respondent No.2 on the ground that parties have settled the matter and a no due certificate has been issued by respondent No.2.

2.

Mr.Pradeep Baisoya, Assistant Legal Manager of respondent No.2 is present in Court and is identified by the learned counsel. He states that he is authorized and competent to make statement on behalf of respondent No.2 W.P.(CRL) 3632/2018

and that the respondent No.2 has settled the dispute with the petitioner and on the petitioner paying a sum of ₹6,28,000/-, a no due certificate has been issued against the petitioner. Since the parties have settled the matter, respondent No.2 does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and the same be quashed. 3.

Petitioner who is present in Court and is identified by the learned counsel affirms the stamen of respondent No.2. 4.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

5.

Consequently, FIR No.25/2018 under Section 135 of the Indian Electricity Act, 2003 registered at PS Malviya Nagar and proceedings pursuant thereto are hereby quashed.

6.

Petitioner and Pradeep Baisoya, Assistant Legal Manager of respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court.

7.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 30, 2019 mamta W.P.(CRL) 3632/2018