Ramesh Gupta vs State & Another
2009 Latest Caselaw 3632 Del

                 IN THE HIGH COURT OF DELHI

                   + Crl.M.C. No.3044/2009

                             Date of decision: 8th September, 2009

     Ramesh Gupta                  ... Petitioner
          through: Mr. H.L. Verma, Adv.

                             VERSUS

     State & Another                             ....Respondents
            through: Mr. U.L. Watwani, APP for the State.
            Mr. Vishva Wadhva and Mr. Diwakar Sinha, Adv. for the
            respondent no.2/NDPL with Mr. Rohit Sharma, Asstt.
            Manager(Legal)

CORAM:
HON'BLE MS. JUSTICE GITA MITTAL

        1. Whether reporters of local papers may be allowed to see
             the Judgment?
        2. To be referred to the Reporter or not?
        3. Whether the judgment should be reported in the Digest?

GITA MITTAL, J(Oral)

1.    By this petition, the petitioner Sh. Ramesh Gupta seeks quashing

of the proceedings arising out of FIR No.53/06 registered by the police

station Keshav Puram under section 135/138 of the Electricity Act,

2003 and section 379 of the Indian Penal Code.

2.    It has been contended that based on an inspection report dated

3rd July, 2004 by the North Delhi Power Limited/respondent no. 2

herein, police station Keshav Puram registered the said case on 24th

January, 2006.   On completion of investigation, challan stands filed

and the matter is pending before the concerned court.
                                   -2-

3.   The petitioner had assailed the inspection report as well as a

theft bill which was raised upon him by the respondent no. 2 by way of

a Writ Petition(Civil) No. 8463/2006 which was disposed of by an order

passed on 16th October, 2006. Both parties assailed the judgment of

the learned Single Judge before the Division Bench.

4.   While the matter was pending before the Division Bench, the

parties arrived at a settlement on 29th March, 2009 before the Mega

Lok Adalat. The terms of the settlement which were reached between

the parties were duly signed by the petitioner on the one hand and the

authorised representative of the respondent before the Mega Lok

Adalat and have been placed before this court. In terms thereof, it

was agreed that the respondent no. 2 would submit a revised bill to

the present petitioner within ten days, as per the orders in W.P.(C) No.

8463/2006 and the petitioner would pay 25% of the revised bill within

30 days thereof.

5.   Based thereon, the respondent No. 2 is stated to have raised a

bill for an amount of Rs.14,48,944/-. The respondent no. 2 informed

by a communication dated 23rd June, 2009 that the liability of the

petitioner in terms of this revised bill and the settlement would be to

the tune of Rs.3,62,636/-.
                                   -3-

6.   Before this court, it is admitted on behalf of the respondent no. 2

that the petitioner has paid this amount in terms of the settlement. In

view of the above settlement and the payment having been made in

terms thereof, the petitioner has prayed for quashing of the

proceedings which arise out of FIR No.53/06. Respondent no. 2 also

contended that it would not be interested in of the prosecution.    For

all the foregoing reasons, it is evident that no fruitful purpose would

be served by keeping the proceedings pending.

     Accordingly, it is directed that all proceedings arising out of FIR

No.53/06 registered by he police station Keshav Puram under section

135/138 of the Electricity Act, 2003 and section 379 of the Indian

Penal Code shall stand quashed.

     This petition is allowed in the above terms.

     Dasti to parties



                                        Gita Mittal, J.

September 08, 2009 kr