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HIGH COURT OF DELHI
JUDGMENT
INDERWATI ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. S.K. Sharma, Adv. For the Respondent: Mr.Kamal Kr. Ghai, Addl. PP for the State with SI
Dara Singh, PS Okhla Indl. Area.
Mr. Rishab Raj Jain, Adv. for R-2 /BSES-RPL
1. The petitioner seeks quashing of FIR No. 577 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Okhla Indl. Area, Phase-II, New Delhi, based on a settlement.
2. Subject FIR was registered consequent to a raid that had taken place in the premises of the petitioner where direct theft of electricity was alleged to have been found. A direct theft bill of Rs. 1,93,378/was raised. The petitioner approached the respondent for a settlement 2018:DHC:5086 CRL.M.C. 732/2018 and the bill was reduced to Rs.90,000/-. The said amount has been paid and a No Dues Certificate dated 28.03.2017 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 and petitioner has paid the settled amount, 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. 577 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Okhla Indl. Area, Phase-II, 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 13, 2018 ‘rs’