Kesh Ram Meena & Anr. v. The State & Anr.

Delhi High Court · 28 Aug 2023 · 2023:DHC:8008
Dinesh Kumar Sharma
CRL.M.C. 4026/2022
2023:DHC:8008
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 135 of the Indian Electricity Act, 2003 after the parties amicably settled the dispute and cleared civil liabilities.

Full Text
Translation output
CRL.M.C. 4026/2022
HIGH COURT OF DELHI
CRL.M.C. 4026/2022
KESH RAM MEENA & ANR. ..... Petitioners
Through: Mr.Vivek Kumar, Adv. with petitioners in person.
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr.Amit Sahni, APP for the State.
ASI Brijesh Kumar, PS M.S.Park, Mr.Sanjeet K.Tripathi, Adv. for respondent no.2.
Date of Decision: 28.08.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. This is a petition under Section 482 Cr.PC for quashing of FIR NO. 307/2020 dated 10/12/2020 under Section 135 of the Indian Electricity Act, 2003 registered at Police Station Mansarover Park, Delhi.

2. The FIR was lodged at the statement of R.K Tiwari (Assistant Manager), alleging therein that during the inspection, it was found that there was no meter installed at the premises of the accused and he CRL.M.C. 4026/2022 was indulging in the direct theft of electricity.

3. It has been submitted that the parties have settled the matter amicably and a “No Dues Certificate” dated 31.03.2021 has already been issued by the respondent.

4. This Court considers that the dispute in the present case was predominantly of a civil flavor. The dispute has been amicably resolved and the civil liability also stands cleared. Since the matter has been settled, no purpose will be served by continuing of trial. Therefore, the continuance of the FIR bearing No. 307/2020 and the proceedings emanating therefrom, given that the parties have amicably resolved all disputes would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility.

5. In view of the amicable resolution of the dispute between the parties, FIR No. 307/2020 dated 10/12/2020 under Section 135 of the Indian Electricity Act, 2003 registered at Police Station Mansarover Park, Delhi and all the proceedings emanating therefrom are quashed.

6. The present petition stands disposed of.

DINESH KUMAR SHARMA, J AUGUST 28, 2023