Kunna Devi vs The State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 3793 Del

$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Judgment delivered on: 09.07.2018

+      CRL.M.C. 3353/2018
KUNNA DEVI                                                   ..... Petitioner
                               versus

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

For the Respondent:            Mr.Raghuvinder Verma, Addl. PP for the State with
                               ASI Ram Singh, P.S.Amar Colony.
                               Mr.Sunil Fernandes and Mr.Arnav Vidyarthi, Advs.
                               for respondent No.2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

09.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 12152/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3353/2018

1. The petitioner seeks quashing of FIR No. 1228 of 2014 under Section 135 of the Indian Electricity Act, 2003, Police Station Amar Colony, New Delhi, based on a settlement.

2. The subject FIR was registered for theft of electricity consequent to a raid that had taken place in the premises of the petitioner where direct theft was found.

A direct theft bill of Rs. 1,42,763/- was raised. The parties negotiated and a final amount of Rs.1,26,770.99/- was settled as the final amount to be paid. The said amount has been paid and a No Dues Certificate dated 13.03.2018 has been issued.

3. Learned counsel appearing for respondent no. 2/BSES under instructions from the authorised representative, who is present in court, submits that since respondent no. 2 has received the entire settlement amount, respondent no. 2/BSES-RPL does not wish to press the complaint against the petitioner any further.

4. In view of the fact that the disputes between the parties have been settled and the entire settled amount has been paid, 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 there from.

5. Learned Addl. PP for the State submits that some costs should be imposed upon the petitioner.

6. In view of the above, FIR No. 1228 of 2014 under Section 135 of the Indian Electricity Act, 2003, Police Station Amar Colony, New Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J JULY 09, 2018/rk