Delhi High Court
Ali Emam Khan vs State & Anr on 5 April, 2016
#35
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 05.04.2016
W.P.(CRL) 1108/2016
ALI EMAM KHAN ..... Petitioner
Through : Mr. Naushad A. Khan, Advocate with
petitioner in person.
versus
STATE & ANR ..... Respondents
Through : Ms Nandita Rao, ASC (Crl.) with Ms.
Neha Dhir, Advocate and SI Baldev
Raj and SI Gurjeet Singh, P.S. OIA
for R-1.
Mr. Sunil Fernandes, Standing
Counsel and Mr. Deepak Pathak,
Advocates for R-2.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No.346/2013, under Sections 135 and 138 of Indian
Electricity Act, 2003 registered at Police Station-Okhla Industrial Area,
Delhi and the proceedings emanating therefrom.
2. The subject FIR came to be registered on a complaint instituted on
behalf of respondent no.2/BSES Rajdhani Power Limited, alleging therein
that the petitioner had illegally abstracted energy.
3. Counsel appearing on behalf of respondent no.2/BSES Rajdhani
Power Limited at the outset states that the issue arising out of illegal
abstraction of energy has already been amicably resolved between the
respondent no.2/BSES Rajdhani Power Ltd. and the petitioner herein.
Consequently, counsel states that BSES Rajdhani Power Limited/respondent
no.2 has no objection if the present writ petition is allowed and the subject
FIR is quashed.
4. Notice.
5. Counsel appearing on behalf of the official respondent accepts notice
and does not oppose the petition in view of the settlement arrived at between
the complainant and the accused in the subject FIR.
6. Counsel appearing on behalf of respondent no.2/BSES Rajdhani
Power Limited, on instructions, states that subsequent to the registration of
the subject FIR they have received a sum of Rs.80,000/- towards payment of
electricity consumed by the petitioner at his premises at C-434, IKV Okhla
Phase-1, New Delhi-110020 and that consequently they are no longer keen
to prosecute the subject FIR.
7. In the present case, it is observed that the offences in the subject FIR
do not fall within the exempted categories of serious/heinous offences which
ought not to be quashed on the ground of an amicable resolution of the
disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)
10 SCC 303]. The offences alleged to have been committed in the subject
FIR are private in nature and do not have a serious impact on society.
8. In view of the foregoing, since the dispute which was the consequence
of an allegation levelled against the petitioner to the effect that he was
illegally abstracting energy, has already been amicably resolved and the
petitioner has already paid requisite bill issued by BSES Rajdhani Power
Limited and a No Dues certificate has been issued in this behalf, no useful
purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
9. Consequently, the FIR No. 346/2013, under Sections 135 and 138 of
Indian Electricity Act, 2003 registered at Police Station-Okhla Industrial
Area, Delhi and the proceedings arising therefrom are hereby set aside and
quashed subject to the petitioner depositing a sum of Rs.5,000/- (Rupees
Five Thousand Only) with the Victims' Compensation Fund, Government of
NCT of Delhi within a period of two weeks from today. The receipt of the
said deposit shall be furnished to the IO in the subject FIR, namely, SI
Baldev Raj, P.S. Okhla Industrial Area.
10. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 21, 2015
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