Leena Roy Chaudhary & Ors. vs The State & Anr.
2018 Latest Caselaw 4393 Del

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 30.07.2018
+      CRL.M.C. 3729/2018
LEENA ROY CHAUDHARY & ORS                             ..... Petitioners
                           versus

THE STATE & ANR                                       ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Raj Kapoor, Adv.

For the Respondent:        Mr. Panna Lal Sharma, Addl. PP for
                           the State with SI Anjani Kumar Singh
                           Mr. Raghav Chadha, Advocate. for R-2/BSES
                           Mr. Pradeep Basoya, Advocate for complainant

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

30.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 545 of 2017 under Section 135-A of the Indian Electricity Act, 2003, Police Station Vasant Kunj (South) New Delhi, based on a settlement.

2. The subject FIR was registered for theft of electricity consequent to a raid conducted at the house of the petitioner and a direct theft bill was raised. It is submitted that the parties have settled the disputes and a final settlement was arrived at Rs. 19,542/-. The

petitioner has already deposited the entire amount and a No Dues Certificate dated 20.11.2017 has been issued.

3. 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.

4. 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.

5. In view of the above, FIR No. 545 of 2017 under Section 135-A of the Indian Electricity Act, 2003, Police Station Vasant Kunj (South) New Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J JULY 30, 2018 'rs'