Suresh & Anr. v. The State & Anr.

1. Petitioners seek quashing of FIR No.1397/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003, Police Station Govind Puri, 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 petitioners where direct theft was found. A direct theft bill of Rs.50,804/- was raised. Thereafter petitioner approached the respondents and the parties had settled their disputes. It was agreed that a total amount of Rs. 16,935/- shall be paid by the petitioner. Said amount has been paid and a No Dues Certificate dated 2018:DHC:6164 CRL.M.C. 2784/2018 10.12.2015 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 petitioner 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.16,935/-.

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.1397/2014 under Section 379 of the IPC and Section 135 of the Indian Electricity Act, 2003, Police Station Govind Puri, New Delhi and the consequent proceedings emanating there from are quashed.

6. Order Dasti under the signatures of the Court Master.

SEPTEMBER 24, 2018 SANJEEV SACHDEVA, J rk