Akash Sirmane Pariyar vs State & Anr.
2019 Latest Caselaw 6050 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 27.11.2019
+      CRL.M.C.6034/2019
       AKASH SIRMANE PARIYAR                               ..... Petitioner
                          Through        Mr. Ahmad Waseem, Adv. with
                                         petitioner in person

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through        Mr. Izhar Ahmed, APP for State
                                         SI Nassu Ahmad, PS Shaheen Bagh
                                         Mr. Srikant Mishra, Adv. for R-2 with
                                         R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          JUDGMENT

(ORAL) CRL.M.A. 41232/2019

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CRL.M.C. 6034/2019

3. Vide the present petition, the petitioners seek direction thereby for

quashing of FIR No. 90/2019, dated 14.05.2019 registered at Police Station

Shaheen Bagh, for the offence punishable under Section 135 of The

Electricity Act, 2003 and consequent proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

6. The present petition is filed on the ground that the parties have settled

their disputes amicably and the respondent no.2 has no objection if the

present petition is allowed.

7. The case of the prosecution is that the petitioner is a watchman and

belong to Nepal. The officials of respondent No.2 inspected the property

no.A-94, Johri Farm, Jamia Nagar, New Delhi-110025 and lodged a

complaint against the petitioner regarding electricity theft and consequently

the aforementioned FIR was lodged.

8. Since the settlement amount of ₹ 1,75,000/- has been paid by the

petitioner to respondent no.2 on 30.05.2019 and respondent no.2 has issued

no objection certificate, therefore, this Court is inclined to quash the

concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

9. For the reasons afore-recorded, the 90/2019, dated 14.05.2019

registered at Police Station Shaheen Bagh, for the offence punishable under

Section 135 of The Electricity Act, 2003 and consequent proceedings

emanating therefrom are quashed.

7. Accordingly, the petition is allowed and disposed of.

8. Order dasti, under the signatures of Court Master.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm