Delhi High Court
Jacky Verma And Anr. vs State & Anr. on 24 August, 2018
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.08.2018
+ CRL.M.C. 4265/2018
JACKY VERMA AND ANR ..... Petitioners
versus
STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Simranjeet Singh, Advocate.
For the Respondent: Mr. Kamal Kumar Ghai, APP for the State
with SI Ravi Yadav, PS Kotla Mubarakpur.
Mr. Sunil Fernandes, Standing Counsel, BSES RPL
with Mr. Arnav Vidyarthi, Adv. for R-2
Mr. Pradeep Baisoya, Assistant Manager-Legal,
BSES-RPL
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.08.2018
SANJEEV SACHDEVA, J. (ORAL)
CRL.M.C. 4265/2018 & CRL.M.A 30569/2018 (stay)
1. The petitioners seek quashing of FIR No.247/2017 under
Section 135 of the Indian Electricity Act, 2003, Police Station Kotla
Mubarakpur, New Delhi, based on a settlement.
2. Prayer is made for exemption from personal appearance of the
petitioner No.2. It is contended that on account of some personal
difficulty, petitioner No.2 could not be present in Court. He had filed
his affidavit in support of the petition.
3. In view of the above, petitioner No. 2 is exempted from
personal appearance.
4. The subject FIR was registered for theft of electricity
consequent to a raid that had taken place in the premises of the
petitioners where direct theft was found. A direct theft bill of
Rs.2,62,321/- was raised. Thereafter petitioners approached the
respondents and the parties had settled their disputes. It was agreed
that a total amount of Rs.1,13,951.50 shall be paid by the petitioners.
The said amount has been paid and a No Dues Certificate dated
22.09.2017 has been issued.
5. 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 petitioners 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.1,13,951.50.
6. 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.
7. In view of the above, the petition is allowed. FIR No.247/2017
under Section 135 of the Indian Electricity Act, 2003, Police Station
Kotla Mubarakpur, New Delhi and the consequent proceedings
emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 24, 2018
st
