Delhi High Court
Tanveer El Umar Khan vs State & Anr on 21 March, 2016
#42
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.03.2016
W.P.(CRL) 901/2016
TANVEER EL UMAR KHAN ..... Petitioner
Through : Ms. Sophiya Salim and Mr.Mirza
Rizwan Baig, Advocates
versus
STATE & ANR ..... Respondents
Through : Mr. Rajesh Mahajan, ASC (Crl.) with
Ms. Parul Jamwal, Advocate and SI
Jagsharan, P.S. Jamia Nagar for R-1.
Mr. Puneeth K.G. and Mr. Deepak
Pathak, Advocates for R-2.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.NO.4936/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 901/2016
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.317/2015, under Section 379 IPC and Section
135 of Indian Electricity Act, registered at Police Station- Jamia Nagar,
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, on instructions, states that subsequent to the registration of
the subject FIR they have received a sum of Rs.49,890/- towards payment of
electricity consumed by the petitioner at his Jamia Nagar premises and that
consequently they are no longer keen to prosecute the subject FIR.
4. 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.
5. 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.
6. In the circumstances, since no useful purpose will be served by
proceeding with the subject FIR on account of the parties having settled their
disputes finally, the FIR No.317/2015, under Section 379 IPC and Section
135 of Indian Electricity Act, registered at Police Station- Jamia Nagar, New
Delhi and the proceedings arising therefrom are hereby set aside and quashed
subject to their 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 Jagsharan, P.S. Jamia
Nagar.
7. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 21, 2015
dn
