Rajiv Sharma vs State & Anr.
2018 Latest Caselaw 4870 Del

$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                     Judgment delivered on: 17.08.2018

+       CRL.M.C. 1919/2018

RAJIV SHARMA                                              ..... Petitioner

                            versus
STATE & ANR.                                              ..... Respondents

Advocates who appeared in this case:
For the Petitioners :       Mr. Saurabh Kansal, Ms. Pallavi Kansal and Mr.
                            Deepak Pandey, Advs.

For the Respondent:         Mr. Panna Lal Sharma, APP for the
                            State with SI R.P. Singh.
                            Mr. Sunil Fernandes, Standing Counsel with Mr. Arnav
                            Vidyarthi, Adv. for R-2
                            Mr. Pradeep Baisoya, Assistant Manager-Legal,
                            BSES-RPL

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                               JUDGMENT

17.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 190/2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Sunlight Colony, New Delhi, based on a settlement.

2. The subject FIR was registered for theft of electricity consequent to an inspection. A direct theft bill of Rs. 3,43,606/- was raised. The matter was referred to Special Lok Adalat. Thereafter, the said amount was settled at Rs. 2 lakhs. The petitioner has already deposited the entire amount and

a No Dues Certificate dated 25.05.2018 has been issued. Copy of the same has been produced and the same is taken on record.

3. Mr. Pradeep Baisoya, authorised representative of the respondent No.2 is present in Court in person. He submits that the respondent No.2 has settled the disputes with the petitioner and has received the entire settlement amount of the theft bill. He has instructions to state that the respondent No.2 has no objection to the quashing of the subject FIR and the consequent proceedings as the respondent No.2 has received the said settlement amount of Rs.2 lakhs.

4. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press its complaint, 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from.

5. In view of the above, the petition is allowed. FIR No. 190/2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Sunlight Colony, New Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 17, 2018/'rs'