Sonu Yadav v. State (Govt of NCT of Delhi) & Anr

Delhi High Court · 16 Aug 2018 · 2018:DHC:5144
Sanjeev Sachdeva
CRL.M.C. 2779/2018
2018:DHC:5144
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 135 of the Indian Electricity Act, 2003, following an amicable settlement and payment of the theft bill, holding that continuation of criminal proceedings would be futile.

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CRL.M.C. 2779/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 16.08.2018
CRL.M.C. 2779/2018
SONU YADAV ..... Petitioner
versus
STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Lalit Bhardwaj, Advocate.
For the Respondent: Mr. Raghuvinder Verma, APP for the
State.
Mr. Raghav Chaddha with Ms. Priyanshu Sharma, Advocates for R-2
Ms. Jaya Yadav, Sr. Manager, Legal, BSES.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.557/2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Mehrauli, 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.2,13,619/- was raised. The matter was referred to Special Lok Adalat. Thereafter, the said amount was settled at Rs.1,01,000/-. The petitioner has already deposited the entire amount and a No Dues Certificate dated 13.02.2018 has been issued. 2018:DHC:5144 CRL.M.C. 2779/2018

3. Ms. Jaya Yadav, authorised representative of the respondent No.2 is present in Court in person. She submits that the respondent No.2 has settled the disputes with the petitioner and has received the entire settlement amount of the theft bill. She 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.1,01,000/-.

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.557/2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Mehrauli, 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 16, 2018 st