Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Judgment delivered on: 17.07.2018
+ CRL.M.C. 3491/2018
GHULAM MUSTAFA ..... Petitioner
versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sachin Kumar Sharma with Mr. Shrikant
Sharma, Advocates.
For the Respondents: Mr. Panna Lal Sharma, APP for the State.
Ms. Jaya Thakuria, Sr. Manager, Legal, BSES RPL
on behalf of respondent No.2.
SI Sumit, PS Jamia Nagar.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
17.07.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.12677/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 3491/2018
1. Petitioner seeks quashing of FIR No.599/2015 under Section
379 IPC and Section 135 Indian Electricity Act, Police Station Jamia
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CRL.M.C. 3491/2018
Nagar.
2. The subject FIR was registered consequent to a raid carried out
at the premises of the petitioner where direct theft of electricity is
alleged to have been found. A bill for theft (direct theft) in the sum of
Rs.1,19,833.46 /- was raised.
3. Learned counsel for the petitioner submit that the parties were
referred to mediation and the bill amount was settled at Rs.95,870/-.
The said amount has been paid and No Dues Certificate dated
11.09.2017 has been issued.
4. Ms. Jaya Thakuria, 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 amount of Rs. 95,870/-.
5. 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
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FIR and the consequent proceedings emanating there from.
6. In view of the above, the petition is allowed. FIR No.599/2015
under Section 379 IPC and Section 135 Indian Electricity Act, Police
Station Jamia Nagar and the consequent proceedings emanating there
from are accordingly quashed.
7. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 17, 2018
st
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