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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27.11.2019
+ CRL.M.C.6034/2019
AKASH SIRMANE PARIYAR ..... Petitioner
Through Mr. Ahmad Waseem, Adv. with
petitioner in person
versus
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State
SI Nassu Ahmad, PS Shaheen Bagh
Mr. Srikant Mishra, Adv. for R-2 with
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL) CRL.M.A. 41232/2019
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CRL.M.C. 6034/2019
3. Vide the present petition, the petitioners seek direction thereby for quashing of FIR No. 90/2019, dated 14.05.2019 registered at Police Station Shaheen Bagh, for the offence punishable under Section 135 of The Electricity Act, 2003 and consequent proceedings emanating therefrom. CRL.M.C. 6034/2019 Page 1 of 3
4. Notice issued.
5. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.
6. The present petition is filed on the ground that the parties have settled their disputes amicably and the respondent no.2 has no objection if the present petition is allowed.
7. The case of the prosecution is that the petitioner is a watchman and belong to Nepal. The officials of respondent No.2 inspected the property no.A-94, Johri Farm, Jamia Nagar, New Delhi-110025 and lodged a complaint against the petitioner regarding electricity theft and consequently the aforementioned FIR was lodged.
8. Since the settlement amount of ₹ 1,75,000/- has been paid by the petitioner to respondent no.2 on 30.05.2019 and respondent no.2 has issued no objection certificate, therefore, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.
9. For the reasons afore-recorded, the 90/2019, dated 14.05.2019 registered at Police Station Shaheen Bagh, for the offence punishable under CRL.M.C. 6034/2019 Page 2 of 3 Section 135 of The Electricity Act, 2003 and consequent proceedings emanating therefrom are quashed.
7. Accordingly, the petition is allowed and disposed of.
8. Order dasti, under the signatures of Court Master.
(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm CRL.M.C. 6034/2019 Page 3 of 3