Metenuo Kechu v. The State & Anr.

Delhi High Court · 09 Aug 2018 · 2018:DHC:4997
Sanjeev Sachdeva
CRL.M.C.3834/2018
2018:DHC:4997 CRL.M.C.3834/2018
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 135 of the Indian Electricity Act, 2003, on the basis of a full settlement and payment, holding that continuation of criminal proceedings would be futile.

Full Text
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CRL.M.C.3834/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:.09.08.2018
CRL.M.C.3834/2018
METENUO KECHU ..... Petitioner
versus
THE STATE & ANR. ..... Respondents Advocates who appeared in this case:
For the Petitioner(s) : Ms.Rajni and Ms.Anvesh Dwivedi, Adv.
For the Respondent(s): Mr.Sunil Fernades, Standing Counsel with
Mr.Arnav Vidyarthi, Adv. for R-2.
SI Ajit Singh, P.S.G.K-I.
Mr. Pradeep Baisoya, Asst.Manager, Legal, BSES, RPL
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
09.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 105 of 2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Greater Kailash, New Delhi, based on a settlement.

2. The subject FIR was registered for theft of electricity consequent to an inspection. A direct theft bill of Rs. 3,69,243/- was raised. A final settlement was arrived at Rs. 1,50,000/-. The 2018:DHC:4997 CRL.M.C.3834/2018 petitioner has already deposited the entire amount and a No Dues Certificate dated 03.07.2018 has been issued.

3. Learned counsel appearing for respondent no. 2/BSES submits that since respondent no. 2 has received the entire settlement amount, respondent no. 2/BSES-RPL does not wish to press the present complaint against the petitioner any further.

4. In view of the fact that the disputes between the parties have been settled, 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 also be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

5. In view of the above, FIR No. 105 of 2017 under Section 135 of the Indian Electricity Act, 2003, Police Station Greater Kailash, New Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 09, 2018 rk