Seema Kumari v. State & Anr

Delhi High Court · 25 Sep 2019 · 2019:DHC:4909
Suresh Kumar Kait
CRL.M.C. 4859/2019
2019:DHC:4909
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 135 of The Electricity Act, 2003 following full and final settlement and issuance of a no objection certificate by the complainant.

Full Text
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CRL.M.C. 4859/2019
HIGH COURT OF DELHI
Date of Decision: 25.09.2019
CRL.M.C. 4859/2019
SEEMA KUMARI ..... Petitioner
Through: Ms. Akanksha Chaudhary, Adv.
VERSUS
STATE & ANR ..... Respondents
Through: Mr.Panna Lal Sharma, APP for State with SI Jay Kishan, PS – Saket
Mr. Sunil Fernandes, Standing Counsel for BSES with Ms. Anju Thomas, Adv. for BSES/R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 36807/2019

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

3. Vide the present petition, the petitioner seeks direction thereby for quashing of FIR No. 331/2019, dated 12.08.2019 registered at Police Station – Saket, for the offence punishable under Section 135 of The Electricity Act, 2003 and consequent proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the respondent no. 2 and with the consent of the counsel for the parties, the 2019:DHC:4909 present petition is taken up for final disposal.

6. The present petition is filed on the ground that no objection has already been issued by respondent no.2 company subsequent to full and final settlement vide payment of ₹2,010/- by the petitioner as reflected in bill dated 29.08.2019 and respondent no. 2 has no objection if the present petition is allowed.

7. Since the settlement amount has been paid by the petitioner to respondent no. 2 and respondent no.2 has issued a no objection, therefore, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioner any further.

8. For the reasons afore-recorded, the FIR No. 331/2019, dated 12.08.2019 registered at Police Station – Saket instituted for the offence punishable under Section 135 of The Electricity Act, 2003 and consequent proceedings therefrom are quashed.

9. Accordingly, the petition is allowed and disposed of.

10. Order dasti, under signatures of the Court Master.

JUDGE SEPTEMBER 25, 2019