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Sahid Choudhary & Ors vs State Of Delhi & Anr

Delhi High Court · Decided on 24 August 2018 · Citation: (2018) 08 DEL CK 0374

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4283 Of 2018

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Judgment

20 paragraphs · 313 words

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30625/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4283/2018

1.

The petitioners seek quashing of FIR No.350/2017 under Section

135 of the Indian Electricity Act, 2003, Police Station Okhla Industrial Area, 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 petitioners where direct theft

was found. A direct theft bill of Rs.84,556/- was raised. The matter was referred to Lok Adalat. Thereafter, the said amount was settled at

Rs.50,571.51/- . The said amount has been paid and a No Dues Certificate dated 09.10.2017 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. 50,571.51.

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.350/2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Okhla Industrial

Area and the consequent proceedings emanating there from are quashed.

6.

Order Dasti under the signatures of the Court Master.