Delhi High Court
Smt Manjeet Kaur vs State (Nct Of Delhi) & Anr on 17 November, 2014
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5178/2014
SMT MANJEET KAUR ..... Petitioner
Through: Mr. Avtar Singh & Ms. Richa
Samhna, Advs.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr. P.K. Mishra, APP for the State.
SI Sandeep Ranwal, P.S. Jaitpur.
Ms. Anjali Sharma, & Mr. Akhil
Verma, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
ORDER
% 17.11.2014
Crl.M.A. 17743/2014
Exemption, as prayed for, is allowed, subject to all just exceptions.
This application stands disposed off.
Crl.M.A. 17744/2014
For the reasons stated in the application the delay in re-filing the
petition stands condoned.
The application stands disposed off.
CRL.M.C. 5178/2014
1. This petition under Section 482 Cr.P.C. seeks quashing of FIR
No.318/2012 under Section 135 Electricity Act, Police Station Jaitpur, on
the ground of settlement.
2. Issue notice.
3. Counsel for State, as well as for the respondent/BSES, enter
appearance and accept notice.
4. It is stated that the assessment bill has been raised against the
petitioner showing the due date as 12.07.2012 and the print date as
17.10.2014 which has been annexed hereto, has been paid in full and that
there are no dues now payable to the second respondent as per the relevant
provisions of the Indian Electricity Act.
5. Counsel for the second respondent approbates this and states that no
further payment is due from the petitioner and the complainant/BSES is no
longer interested in pursuing the matter any further.
6. Looking to 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 basis of a settlement 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 considered opinion that it is best to give a quietus to the
matter where the parties have settled their disputes, and no further payment
is due from the petitioner to the complainant and since the
complainant/BSES is no longer interested in supporting the prosecution any
further, no useful purpose would be served in continuing with the
proceedings and the same be closed.
7. Consequently, the petition is allowed and the FIR No. 318/2012 under
Section 135 Electricity Act, Police Station Jaitpur, and all the proceedings
emanating therefrom, are hereby quashed.
8. The petition stands disposed off.
SUDERSHAN KUMAR MISRA, J.
NOVEMBER 17, 2014
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