Quashed

Dharamender & Anr. v. State NCT Govt of Delhi & Anr.

Delhi HC3 Jan 2017CRL.M.C./10/2017

Case brief

AI extract

What is this about?

In a petition under Criminal Misc. Commission, the Court quashed FIR No. 531/2015 under Section 135 of the Indian Electricity Act, 2003. The parties had amicably settled the dispute, with the petitioners paying a portion of the theft bill to Respondent No. 2 (BSES). The Court held that no useful purpose would be served in continuing proceedings following such settlement.

What did the court decide?

FIR No. 531/2015 and proceedings pursuant thereto quashed.

Dharamender & Anr. Vs State NCT Govt of Delhi & Anr. — Quashing and FIR | Delhi HC (2017)

¶1

6# $~

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CRL.M.C. 10/2017 DHARAMENDER & ANR ..... Petitioners Represented by: Mr. Sushil K. Jain, Advocate with petitioner No.1 in person.

¶4

versus

¶5

STATE NCT GOVT OF DELHI & ANR ..... Respondents Represented by: Mr.Ashok K. Garg, APP for the State with SI Kamal Kumar, PS Okhla Industrial Area. Mr. Puneeth K.G., Advocate with Ms. Jaya Thakuria, Sr. Legal Manager, BSES/Respondent No.2 in person.

¶6

CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

¶7

O R D E R % 03.01.2017

¶8

By the present petition the petitioners seek quashing of FIR No. 531/2015 under Sections 135 of the Indian Electricity Act (Amended), 2003 registered at PS Okhla Industrial Area, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

¶9

Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR charge sheet was filed keeping petitioner No.1 in Column No.11 whereas the petitioner No.2 was kept in Column No.12 and has not been summoned by the learned Trial Court. CRL.M.C. 10/2017 Page 1 of 3

¶10

Ms. Jaya Thakuria, Senior Legal Manager of Respondent No.2/M/s BSES Rajdhani Power Ltd. is present in Court and is identified by the learned Counsel. She states that she is competent and authorised to depose on behalf of respondent No.2. She states that the respondent No.2 has settled the matter with the petitioner and against the theft bill of ₹1,55,785/which was raised against the petitioners the respondent No.2 has settled the matter for a sum of ₹90,000/- which amount has been paid by the petitioners. She on behalf of Respondent No.2 states that the respondent No.2 does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

¶11

Petitioner No.1 who is present in Court and is identified by the learned counsel affirms the statement of Ms. Jaya Thakuria, Senior Legal Manager and Authorised Representative of respondent No.2.

¶12

In view of the fact that the parties have amicably resolved their disputes, no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

¶13

Consequently, FIR No. 531/2015 under Sections 135 of the Indian Electricity Act (Amended), 2003 registered at PS Okhla Industrial Area, Delhi and proceedings pursuant thereto are hereby quashed.

¶14

Petitioner No.1 and Ms. Jaya Thakuria, Senior Legal Manager of respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court.

¶15

Page 2 of 3

¶16

CRL.M.C. 10/2017

¶17

The petition is disposed of. Order dasti.

¶18

MUKTA GUPTA, J.

¶19

JANUARY 03, 2017 ‘vn’

¶20

CRL.M.C. 10/2017

¶21

Page 3 of 3

Dharamender & Anr. v. State NCT Govt of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Dharamender & Anr. v. State NCT Govt of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sucha Nand Bajaj Vs IBN-7 through M D

Manpreet Singh Vs State & Ors.

Gaurav Thareja & Ors. Vs State (Nct of Delhi) & Anr.

Jisan @ Bittoo Vs State NCT of Delhi

Nikhil Kumar Vs State & Ors.

Vipin Kumar Sharma & Ors. Vs State & Anr.