Tariq Ali & Anr vs The State (Nct Of Delhi) & Anr
2016 Latest Caselaw 1856 Del

#39
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 08.03.2016



W.P.(CRL) 709/2016

TARIQ ALI & ANR                                    ..... Petitioners
                           Through:     Mr. Niyamat Hussain, Advocate


                           versus


THE STATE (NCT OF DELHI) & ANR          ..... Respondents

Through: Ms. Nandita Rao, ASC (Criminal) for R-1 with SI Shri Bhagwan, PS- Neb Sarai for R-1 Mr. Deepak Pathak, Advocate for R-2

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.3993/2016 (Exemption) Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 709/2016

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.1382/2015, under Section 135 of the Indian

Electricity Act, 2003, registered at Police Station- Neb Sarai and the

proceedings arising therefrom.

2. Counsel appearing on behalf of respondent No.2/ BSES Rajdhani

Power Limited states that the issue arising out of the alleged illegal

abstraction of energy has already been amicably resolved between the

distribution company and the petitioner herein.

3. In view of the foregoing, counsel appearing on behalf of respondent

No.2 states that they have no objection to the present petition being allowed.

4. It is an admitted position that the subject bill raised by the BSES

Rajdhani Power Limited, against the petitioner herein, now stands paid by

the latter to the satisfaction of the former.

5. In the present case, it is observed that the offence in the subject FIR

does 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 offence alleged to have been committed in the

subject FIR is private in nature and does not have a serious impact on

society.

6. In view of the foregoing, since the dispute which resulted in the

registration of the subject FIR has already been resolved amicably by and

between the parties without any undue influence, pressure or coercion, no

useful purpose will be served by proceeding with the subject FIR and the

proceedings arising therefrom.

7. Consequently, FIR No.1382/2015, under Section 135 of the Indian

Electricity Act, 2003, registered at Police Station- Neb Sarai and the

proceedings arising therefrom are hereby set aside and quashed qua both the

petitioners subject to their depositing a sum of Rs.5,000/- (Rupees Five

Thousand Only) each 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 concerned IO namely, SI Shri

Bhagwan, Police Station- Neb Sarai, New Delhi.

8. The writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J MARCH 08, 2016 dn