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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:13.09.2018
+ CRL.M.C. 4634/2018
RAJESH KUMAR ..... Petitioner
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sandeep Verma, Advocate.
For the Respondent : Mr.Raghuvinder Verma, APP.
Mr.Annirudh Sharma, Advocate for R-2 with Mr.
Pradeep Baisoya, AR of R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
13.09.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.31947/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4634/2018
1. Petitioner seeks quashing of FIR No.450/2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, New Delhi, based on a settlement.
2. The subject FIR was registered for theft of electricity consequent to a raid that had taken place in the premises of the petitioner where direct theft was found. A direct theft bill of Rs.2,45,210/- was raised. Thereafter petitioner approached the respondents and the parties had settled their CRL.M.C. 4634/2018 Page 1 of 2 disputes. It was agreed that a total amount of Rs. 63,210/- shall be paid by the petitioner. Said amount has been paid and a No Dues Certificate dated 02.05.2016 has been issued.
3. Mr. Pradeep Baisoya, authorised representative of the respondent No.2 is present in Court in person. He submits that the respondent No.2 has settled the disputes with the petitioner 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.63,210/-.
4. In view of the fact that the parties have resolved their disputes and 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.
5. In view of the above, the petition is allowed. FIR No.450/2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, New Delhi and the consequent proceedings emanating there from are quashed.
6. Order Dasti under the signatures of the Court Master.
SEPTEMBER 13, 2018/ab SANJEEV SACHDEVA, J
CRL.M.C. 4634/2018 Page 2 of 2