Abdul Sami v. The State & ANR

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5142/2015 ABDUL SAMI ..... Petitioner Through:

Mr.Prabhat Kumar, Adv. with Mr.M.S.Reza, Adv.

versus THE STATE & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State ASI Hoshiyar Giri, PS-Jamia Nagar Mr.Sunil Fernandes, Standing Counsel for BSES/R-2 with Mr.Arnav Vidyarthi and Mr.Anurag Vijay, Advs.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.805/2012, under Section 135 of Indian Electricity Act, 2003 & Section 379 IPC registered at Police Station-Jamia Nagar, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner has submitted that on the complaint lodged by the complainant, i.e.

Authorized Officer of respondent No.2/BSES Rajdhani Power Ltd., the aforesaid FIR was registered against the petitioner. Counsel further submits that the matter has been amicably settled between the parties and in terms of the said settlement, the settled/agreed amount of Rs.8,575/- has been paid by the petitioner to the respondent No.2/BSES 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 petitioner 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 petitioner and further admits that the petitioner has made the payment of settled amount of Rs.8,575/- with the respondent No.2/BSES and nothing remains to be due and payable by the petitioner 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.8,575/- has been paid by the petitioner to the respondent No.2/BSES and nothing remains to be adjudicated further between the parties; to have peace in the life of petitioner, I deem it appropriate to quash the FIR No.805/2012, under Section 135 of Indian Electricity Act, 2003 & Section 379 IPC registered at Police Station-Jamia Nagar, 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.

I.S.MEHTA, J MAY 12, 2017/radhika