High CourtsSingle Bench

Fahad Ullah & Anr vs State & Ors

Delhi High Court · Decided on 5 October 2018 · Citation: (2018) 10 DEL CK 0110

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379 · Indian Electricity Act, 2003 — Section 135
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.3312 OF 2018
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Judgment

18 paragraphs · 331 words

SANJEEV SACHDEVA, J

1.

Petitioners seek quashing of FIR No. 996/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003, Police Station

Jamia Nagar, New Delhi, based on a settlement.

2.

Subject FIR was registered for theft of electricity consequent to a raid that had taken place in the premises of the petitioners where direct theft was

found. A direct theft assessment bill of Rs.2,32,291/- was raised. Thereafter petitioners approached the Permanent Lok Adalat and the matter was

settled between the parties. It was agreed that a total amount of Rs. 1,74,000/- would be paid by the petitioners on 08.05.2018. Said amount has been

paid and a No Dues Certificate dated 09.05.2018 has been issued.

3.

Mr. Pradeep Baisoya, authorised representative of the respondent No.2 is present in Court in person. He submits that the respondent No.2 has

settled the disputes with the petitioners and has received the entire settlement amount of the theft bill. He has instructions to state that the respondent

No.2 has no objection to the quashing of the subject FIR and the consequent proceedings as the respondent No.2 has received the said settlement

amount of Rs. 1,74,000/-.

4.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press its complaint, 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 be expedient to quash the subject FIR and the consequent proceedings

emanating there from.

5.

In view of the above, the petition is allowed. FIR No. 996/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003,

Police Station Jamia Nagar, New Delhi and the consequent proceedings emanating there from are quashed.

6.

Order Dasti under the signatures of the Court Master.