Darshan Lal vs State & Anr.
2019 Latest Caselaw 4311 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 13.09.2019

+      CRL.M.C. 4599/2019
       DARSHAN LAL                                        ..... Petitioner
                          Through       Mr. Lalit Kumar, Adv.

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Tarang Srivastava, APP for State

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 35716/2019

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of. CRL.M.C. 4599/2019

3. Vide the present petition, the petitioner seeks quashing of FIR No.

597/2015 dated 13.07.2015, registered at Police Station Kalkaji for the

offence punishable under Section 135 of The Electricity Act, 2003 and all

other 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. For the aforesaid purpose, the petitioner preferred a petition being Crl.

M.C. No. 4261/2018 and the same was dismissed by the coordinate Bench

of this Court vide order dated 24.08.2018 with the observation that that the

"....the payment of penalty towards the civil liability is no good reason to

bring an end to the criminal prosecution....".

7. Recently in the case of Mukesh Chand vs. The State (NCT) of Delhi

& Anr, the appellant had filed an appeal before the Hon'ble Supreme Court

vide Crl. Appeal No. 469-470 of 2019 arising out of Crl.M.C. No.

2757/2018 and the same was allowed vide order dated 12.03.2019 while

remanding back the matter to this court with the direction to "....examine the

issue afresh keeping in view the provisions of section 152 of the Act and then

pass appropriate orders....''

8. Thereafter, coordinate bench of this Court in the Crl. M.C.

No.2757/2018 quashed the FIR and all other proceedings emanating

therefrom vide order dated 23.05.2019.

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

their disputes and the respondent No.2 has no objection if the present

petition is allowed.

10. Since the dispute is similar to the case of the Crl. M.C. No.2757/2018

and the fact that the settlement amount has been paid by the petitioner to

respondent no.2 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.

11. Learned APP appearing on behalf of State submits that while

quashing the FIR in Crl.M.C. 2757/2018, the learned Court imposed a cost

of ₹20,000/- on the petitioner and submits that if this Court is inclined to

quash the FIR, then at least the cost to that amount should also be imposed

upon the petitioner.

12. When the present matter came up, this Court asked the petitioner how

much amount is there in his bank account. He replied that he is maintaining

two bank accounts and almost no money is there. Then this Court directed

the petitioner to produce the bank statements of his two bank accounts. On

perusal of the statements, the amount is less than ₹10,000/-. Therefore,

keeping in view the financial condition of the petitioner, I am not inclined to

impose any cost upon the petitioner.

13. For the reasons afore-recorded, the FIR No.597/2015 dated

13.07.2015 registered at Police Station Kalkaji instituted for the offence

punishable under Sections 135 of The Electricity Act., 2003 and consequent

proceedings therefrom are quashed.

14. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 13, 2019 ms