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Rajesh Kumar vs State ( NCT Of Delhi) & Anr

Delhi High Court · Decided on 13 August 2018 · Citation: (2018) 08 DEL CK 0134

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Electricity Act, 2003 — Section 135
CASE NUMBER
Criminal Miscellaneous Case No. 4078 OF 2018
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Judgment

19 paragraphs · 287 words

SANJEEV SACHDEVA, J.

Crl. M.A. 29892/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 4078/2018

1.

The petitioner seeks quashing of FIR No. 374 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, 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. 2,14,875/- was raised. There after petitioner approached the respondents and the parties had settled their disputes.

It was agreed that a total amount of Rs.62,315.92/- shall be paid by the petitioner. The said amount has been paid and a No Dues Certificate dated

18.05.2016 has been issued.

3.

Learned counsel appearing for respondent no. 2/BSES submits that since respondent no. 2 has received the entire settlement amount, respondent

no. 2/BSES-RPL does not wish to press the present complaint against the petitioner any further.

4.

In view of the fact that the disputes between the parties have been settled and petitioner has paid the settlement amount, 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 therefrom.

5.

In view of the above, FIR No. 374 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, New Delhi and the

consequent proceedings emanating there from are quashed.

6.

Order Dasti under the signatures of the Court Master.