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Kunna Devi @APPELLANT@Hash State (Nct Of Delhi) & Anr

Delhi High Court · Decided on 9 July 2018 · Citation: (2018) 07 DEL CK 0166

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Electricity Act, 2003, Section 135
CASE NUMBER
CRL.M.C. 3353 OF 2018

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Judgment

18 paragraphs · 297 words

SANJEEV SACHDEVA, J

1.

The petitioner seeks quashing of FIR No. 1228 of 2014 under Section 135 of the Indian Electricity Act, 2003, Police Station Amar Colony, New

Delhi, based on a settlement.

2.

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

was found.

A direct theft bill of Rs. 1,42,763/- was raised. The parties negotiated and a final amount of Rs.1,26,770.99/- was settled as the final amount to be

paid. The said amount has been paid and a No Dues Certificate dated 13.03.2018 has been issued. Â

3.

Learned counsel appearing for respondent no. 2/BSES under instructions from the authorised representative, who is present in court, submits that

since respondent no. 2 has received the entire settlement amount, respondent no. 2/BSES-RPL does not wish to press the complaint against the

petitioner any further. Â

4.

In view of the fact that the disputes between the parties have been settled and the entire settled amount has been paid, 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 there from.

5.

Learned Addl. PP for the State submits that some costs should be imposed upon the petitioner. Â

6.

In view of the above, FIR No. 1228 of 2014 under Section 135 of the Indian Electricity Act, 2003, Police Station Amar Colony, New Delhi and the

consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master.