Amarjeet Singh & Ors. v. State & Ors.

1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.828/2005 lodged by respondent No.2/BSES against the petitioners, under Section 135 of the Indian Electricity Act read with Section 379 IPC, registered with PS Tilak Nagar, New Delhi, and all proceedings arising therefrom.

2. Counsel for the petitioners states that on 15.12.2005, respondent No.2/complainant carried out an inspection at the premises of the petitioners situated at Ravi Nagar Extension, Khayala, New Delhi, and found that the petitioners were indulging in direct theft of electricity, by directly hooking with the BSES LV mains. Based on the aforesaid inspection, a bill for the sum of ~1,42,97,959/- was raised CRL.M.C. 2623/2010 Page No.1 of 3 2010:DHC:14654 j against the petitioners, which was followed by lodging of the aforesaid FIR by the respondent No.2/complainant.

3. During the pendency of the investigation, the parties have arrived at a negotiated settlement, in terms of which the petitioners agreed to pay a sum of ~18, 70,000/- to respondent No.2/complainant in full and final settlement of all its claim against the petitioners. It is, therefore, prayed that the aforesaid FIR may be quashed.

4. Counsel for respondent No.2/complainant confirms the fact that the entire amount, as agreed upon, has been paid by the petitioners to respondent No.2/complainant. She draws the attention of this Court to the order dated 11.3.2010, passed by the learned ASJ, Special Electricity Court, recording the settlement between the parties and dismissing the complaint filed by respondent No.2/complainant against the petitioners. She further states that she has no objection to the aforesaid FIR being quashed in view of the settlement arrived at between the parties.

5. Learned APP for the State states in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

6. This Court has heard the counsels for the parties. In view of the submissions made by the counsel for respondent No.2/complainant CRL.M.C. 2623/2010 Page No.2 of 3 J and in view of the fact that the parties have arrived at a settlement, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

7. Accordingly, the prayer made in the petition is allowed and FIR No.828/2005 lodged by respondent No.2/complainant with PS Tilak Nagar, Delhi, and all proceedings arising therefrom are quashed.

8. The petition is disposed of. File be consigned to the record room.

DECEMBER 08, 2010 sk CRL.M.C. 2623/2010 ·:>~ -·· ~---- ~ HIMA KOHLI,J I * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2623/2010 AMARJEET SINGH & ORS..... Petitioners Through Mr.S.Satyanarayana, Advocate versus STATE & ORS..... Respondents CORAM: Through Mr.Mukesh Gupta, APP for the State/R-1 SI Ajay Pratap Bhatt Mr.Deepak Bashta for Ms.Anjali Sharma, Advocate for BSES/R-2 HON'BLE MS.

JUSTICE MUKTA GUPTA ORDER 03.10.2011 Crl.M.A.No. 5352/2011 By this application, the Petitioners seek to clarify on record that the FIR in question is quashed not only against the Petitioners who are made parties but also against the co-accused, Prem Shankar Madan, on whose behalfalso the payments have been made to the BSES/Respondent No.2. It is clarified that the FIR No.828/2005, under Section 135 of the Indian Electricity Act, 2003 and Section 379 IPC, registered at Police Station Tilak Nagar on the complaint of BSES/Respondent No.2 is quashed qua the Petitioners, Amarjeet Singh, Ashok Kumar, and the co-accused Prem Shankar as well. Application stands disposed of.

OCTOBER 03, 2011 'de'