Vijay Kumar vs The State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 4507 Del

$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 02.08.2018

+      CRL.M.C. 3845/2018
       VIJAY KUMAR                                     ..... Petitioner
                           versus

       THE STATE (NCT OF DELHI) & ANR                  ..... Respondents
Advocates who appeared in this case:
For the Petitioner :       Mr. Ranjit Singh, Adv.

For the Respondent:        Mr.Sanjeev Sabharwal, Addl. PP for the State with
                           Insp.Ram Niwas, P.S.Sarita Vihar.
                           Mr.Raghav Chadha, Adv. for R-2 along with
                           Mr.Pradeep Baisoya, AR for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

02.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 29105/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3845/2018

1. The petitioner seeks quashing of FIR No. 389 of 2015 under Section 135 of the Indian Electricity Act, 2003, Police Station Sarita Vihar, New Delhi, based on a settlement.

2. Learned counsel for the petitioner submits that the petitioner

has been admitted to Kalra Hospital SRCNC on 30.07.2018 on account of an emergency complaint. Petitioner has filed his affidavit in support of the petition. Learned counsel prays that petitioner be exempted from personal appearance. Photocopy of the certificate which is being sent to learned counsel for the petitioner on Whatsapp has been produced. The same is taken on record. In view thereof, petitioner is granted exemption from personal appearance.

3. Subject FIR was registered consequent to a raid that had taken place in the premises of the petitioner where direct theft of electricity was alleged to have been found. A direct theft bill of Rs. 20,094/- was raised. The petitioner approached the respondent for a settlement and the bill was reduced to Rs.13,000/-. The said amount has been paid and a No Dues Certificate dated 17.05.2018 has been issued.

4. Learned counsel appearing for respondent no. 2/BSES submits that since respondent no. 2 has received the entire settlement amount, respondent no. 2/BSES-RPL does not wish to press the present complaint against the petitioner any further.

5. In view of the fact that the disputes between the parties have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIR and the consequent proceedings emanating

therefrom.

6. In view of the above, FIR No. 389 of 2015 under Section 135 of the Indian Electricity Act, 2003, Police Station Sarita Vihar, New Delhi and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 02, 2018 rk