Delhi High Court
Mukesh Kumar & Ors vs State Of Nct Of Delhi & Anr on 20 May, 2016
22
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 20th May, 2016
W.P.(CRL) 1594/2016
MUKESH KUMAR & ORS ..... Petitioners
Through: Mr Amit Kumar Pandey, Advocate.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms Richa Kapoor, Addl. Standing
Counsel (Crl.) with Mr Ashish Negi,
Advocate for State.
Mr Puneeth K.G. and Mr Deepak
Pathak, Advocates for R-2/BSES.
SI Manohar Lal, PS- Ranhola.
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.74/2013, under Section 135 of the Indian
Electricity Act, 2003, registered at Police Station- Ranhola 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 resolved between the distribution
company and the petitioner herein. In this behalf a No Dues Certificate dated
17.12.2015 annexed as Annexure P4 is relied upon.
3. In view of the foregoing, counsel appearing on behalf of the parties
state that since respondent No.2/BSES has no objection to the prayer for
quashing sought in the present petition, the petition may be allowed.
4. In view of the above, it is an admitted position that the subject bill
raised by the BSES Rajdhani Power Limited, against the petitioners 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.74/2013, under Section 135 of the Indian
Electricity Act, 2003, registered at Police Station- Ranhola and the
proceedings arising therefrom are hereby set aside and quashed qua 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 four weeks from today. The receipt of the
said deposit shall be furnished to the concerned IO namely, SI Manohar Lal,
PS- Ranhola, Delhi.
8. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MAY 20, 2016
mk
