Delhi High Court
Deepak & Anr vs The State & Anr on 26 August, 2014
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3176/2014
DEEPAK & ANR ..... Petitioners
Through Mr. Sanjay Kumar and Mr. Randhir, Advocate.
versus
THE STATE & ANR ..... Respondents
Through Mr. O. P. Saxena, Additional Public Prosecutor.
Mr. Deepak Pathak and Mr. Neeraj Grover,
Advocates
CORAM:
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
% SUDERSHAN KUMAR MISRA, J. (ORAL)
Crl.M.A. No.11025/2014
Exemption, a prayed for, is allowed, subject to all just exceptions.
This application is disposed off.
Crl.M.C. No.3176/2014
1. This petition has been moved under Section 482 Cr.P.C. seeking
quashing of FIR No.440/2013 dated 24.09.2013, registered under Sections
135 / 150 of the Indian Electricity Act (Amend) 2003 at police station Neb
Sarai, and all proceedings emanating therefrom, on the ground that the bill
raised by the electricity company in this regard has been paid in full by the
petitioners.
2. Issue notice.
3. Mr. Amit Ahlawat, Additional Public Prosecutor for the State and Mr.
Deepak Pathak, Advocate for the second respondent / BSES.
4. Counsel for the second respondent / complainant, affirms the fact that
the entire amount of the bill as raised by his client stands paid by the
petitioner; and the requisite No Dues Certificate has also been issued to the
petitioner on 20.12.2013; and therefore, he has no objection to the quashing
of the aforesaid FIR.
5. Counsel for the State submits that the charge sheet has been filed in
the matter. He further submits that looking to the circumstances, and
specially, since the complainant is no longer interested in pursuing this
matter any further; no useful purpose will be served in continuing with these
proceedings.
6. Looking to the overall circumstances; and in view of the decision of
the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303,
which has referred to a number of matters for the proposition that even a
non-compoundable offence can also be quashed on the ground of a
settlement agreement between the offender and the victim, if the
circumstances so warrant; by observing as under:
"58. ....However, certain offences which overwhelmingly
and predominantly bear civil flavour having arisen out of
civil, mercantile, commercial, financial, partnership or
such like transactions or the offences arising out of
matrimony, particularly relating to dowry, etc. or the
family dispute, where the wrong is basically to the victim
and the offender and the victim have settled all disputes
between them amicably, irrespective of the fact that such
offences have not been made compoundable, the High
Court may within the framework of its inherent power,
quash the criminal proceeding or criminal complaint or
FIR if it is satisfied that on the face of such settlement,
there is hardly any likelihood of the offender being
convicted and by not quashing the criminal proceedings,
justice shall be casualty and ends of justice shall be
defeated."
I am of the opinion that the matter deserves to be given a quietus
since the complainant is not interested in supporting the prosecution any
further.
7. Consequently, the petition is allowed and FIR No.440/2013, dated
24.09.2013, registered under Sections 135 / 150 of the Indian Electricity Act
(Amend) 2003 at police station Neb Sarai, and all proceedings emanating
therefrom, are hereby quashed.
8. The petition stands disposed off.
9. Dasti to parties.
SUDERSHAN KUMAR MISRA
Judge
AUGUST 26, 2014
dr
