Delhi High Court
Mukesh Mann vs The State Govt. Of Nct Of Delhi on 8 August, 2019
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 08.08.2019
+ CRL.REV.P. 869/2017 & Crl.M.A.19026/2017
MUKESH MANN ..... Petitioner
versus
THE STATE GOVT OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms.Vagisha Kochar,Adv.
For the Respondent : Mr.Hirein Sharma, APP with ASI Ramesh,
P.S.Alipur.
Mr.Abhay Kumar, Adv.for R-2.
Mr.Amit Singh, AR for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 23.09.2017 whereby charge has been
framed against the petitioner under Section 138 of the Electricity Act, 2003.
As per the complaint lodged by respondent No.2 theft of electricity was
found in the premises of the petitioner whereby a wire was connected
directly to the public pole outside the shop of the petitioner.
2. Learned counsel for the petitioner submits that petitioner had rented
out the shop to a tenant in the year 2002-2003 and on account of non-
payment of rent the services to the tenant i.e. electricity supply were got
disconnected and the tenant thereafter without the knowledge and consent
of the petitioner allegedly connected a wire directly to the electricity pole
outside the shop.
3. Learned counsel further submits that proceedings were initiated by
respondent No.2 against the said tenant wherein the tenant was convicted
and he paid the civil liability amount. Subsequently, subject proceedings
were initiated against the petitioner on the allegation that the wire was
connected with his consent and knowledge.
4. Learned counsel submits that petitioner did not give his consent for
the same and there is no material to show that there was any knowledge of
the petitioner of the direct theft of electricity.
5. Parties were referred to mediation. Mediation Settlement dated
02.08.2019 has been executed. Learned counsel for the petitioner submits
that without prejudice to his rights and contentions, petitioner had agreed to
pay the settlement amount of Rs.18,267/- to the respondent No.2. The
settled amount has already been paid.
6. Learned counsel appearing for respondent No.2 under instructions
from Mr. Amit Singh, AGM (Legal) who is the authorised representative of
respondent No.2 confirms the Settlement Agreement and submits that
payment in terms thereof has been received. He further submits that he has
no objection to the compounding of the subject offence and even discharge
of the petitioner.
7. Keeping in view the totality of facts and circumstances and also the
fact that the parties have settled their disputes, I am of the view that this is a
fit case for exercise of powers under Section 482 of the Cr.P.C for putting
an end to the proceedings. Reference may be made to the judgment of the
Supreme Court in State of Haryana & others versus Bhajan Lal & others,
(1992) Supp (1) SCC 335.
8. In view of the settlement between the parties and payment of the
settlement amount, no fruitful purpose would be served in continuation of
the proceedings.
9. In view of the above, impugned order dated 23.09.2017 is set aside.
Petitioner is discharged of the offence.
10. Further, it is directed that the petitioner shall, as a way of further
service to the community, plant 50 trees, within one month and for the
same shall report to the Deputy Conservator of Forests (West), who shall
assign him duty to plant 50 trees in Central Ridge Reserve Forest, Budha
Jayanti Park, Vandemataram Marg, New Delhi. The plants/trees shall be of
deciduous indigenous variety with a nursery age of three and a half years,
and a height of at least six feet. Depending upon the soil type and
topography, the DCF may consider the following types of trees for
plantation:-
(i) Gular (Cluster Fig) (ii) Kadamba (Burflower
Tree)
(iii) Pilkhan (White Fig) (iv) Jaamun (Black Plum)
(v) Bargad (Banyan Tree) (vi) Mango
(vii) Amaltas (Golden (viii) Mahua (Butter Tree)
Shower) [Indian Laburnum]
(ix) Putranjiva (x) Badh
(xi) Sagwan (Teak Wood) (xii) Safed Siris (Albizia
Procera)
(xiii) Kala Siris (xiv) Anjeer
(xv) Kathal- Jackfruit (xvi) Palash
(xvii) Arni (xviii) Bistendu
(xix) Rohida (xx) Medshingi
13. An affidavit of compliance shall be filed by the petitioner as well as
the DCF, failing which the Registry shall list the case for directions. Aerial
pictures, prior to and after the afore-directed plantation, shall be obtained
by the DCF and filed along with his affidavit. Similar quarterly updates
shall be obtained by him to monitor and ensure the upkeep of the said
plantation. A Report of the same shall be filed six months after the
plantation, along with fresh photographs to show the health/status of the
plantation. In case of default, the Registry shall list the case for directions.
14. The petition and pending applications are accordingly, disposed of in
the above terms.
15. Copy of the order be communicated to the concerned Deputy
Conservator of Forests (West).
16. Order Dasti under signatures of the Court Master.
AUGUST 08, 2019 SANJEEV SACHDEVA, J
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