Quashed

Jarnail Singh & Anr. v. Thw State & Anr.

Delhi HC10 May 2018CRL.M.C./2055/2018

Case brief

AI extract

What is this about?

The High Court of Delhi quashed FIR No.141/2018 registered under Section 135 of the Indian Electricity Act, 2003. The Court held that the offence was compoundable and the claims were settled with a No Dues Certificate issued. In light of respondent non-opposition and relevant precedents, the Court deemed continuation of litigation inappropriate.

What did the court decide?

FIR No.141/2018, PS Mehrauli registered under Section 135 of the Indian Electricity Act, 2003 and all consequential proceedings were quashed.

Jarnail Singh & Anr. Vs Thw State & Anr. — Quashing and FIR | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2055/2018 & CRL.M.A. 7280/2018 JARNAIL SINGH & ANR ..... Petitioner Through: Mr. Satyapal, Adv.

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versus

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THW STATE & ANR ..... Respondent Through: Mr. Kewal Singh Ahuja, APP for State with SI Rajiv Singh, PS Mehrauli. Ms. Anju Thomas, Adv. for R-2.

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CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA

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O R D E R % 10.05.2018

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Vide the present petition, the petitioners seek quashing of FIR No.141/2018, PS Mehrauli, registered under Section 135 of the Indian Electricity Act, 2003 submitting to the effect that in relation to a theft for an amount of Rs.3,33,849/- in relation to an assessment done by the respondent no.2, a sum of Rs.33,349/- has been removed from the head of “Sundry Dr./Cr. and the balance sum of Rs. 3,00,500/- was deposited by the petitioners with the receipt in relation thereto having been issued by the respondent no.2 dated 10.11.2014 in relation to the case ID No.RJ101014SC071 and that thereafter the No Dues Certificate dated 13.11.2014 was issued by the respondent no.2 in relation to the said case ID No. RJ101014SC071 qua inspection conducted on 10.10.2014 in relation to New CA No.400602928, old CA No.102209899 and Consumer Reference No.2520126892 and that

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all claims of the respondent no.2 have thus been settled and that the respondent no.2 has no grievance left against the petitioners.

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The learned counsel for the respondent no.2 affirms the issuance of the No Dues Certificate placed as Annexure-B with the petition in relation to CA No.400602928 and in relation to Case ID No. RJ101014SC071 qua inspection conducted on 10.10.2014 and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question. To similar effect is the submission made on behalf of the State by the learned APP for State.

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The offence punishable under Section 135 of the Indian Electricity Act, 2003 in terms of Section 152(2) of the said enactment is compoundable. In view thereof and in view of the verdict of this Court in “ NARESH JHANJHI & ANR VS. STATE OF NCT OF DELHI & ANR ” in CRL.M.C. 4179/2015, “ SHIV CHARAN VS. THE STATE & ANR ” in CRL.M.C. 3176/2015, “ RAJESH KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR ” in CRL.M.C. 4494/2017, „ SUDESH MAAN & ANR. VS. THE STATE GOVT OF NCT OF DELHI & ANR ” in CRL.M.C. 5181/2017 and in “RAVINDER KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR ” in CRL.M.C. 242/2018, and in view of the verdict of the Apex Court in “ SURESH GANPATI HALANKAR VS. THE STATE OF MAHARASHTRA & ORS ” dated 22.01.2018 in CRL.A. 156/2018; and in view of the verdict of this Court in “ATIF RAZA VS. STATE (NCT OF DELHI) & ANR .” in CRL. M.C. 4421/2017 and in “MOHD. ASLAM VS. STATE GOVT OF NCT OF DELHI

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& ANR” in CRL.M.C. 1232/2018, in “SATISH KUMAR & ORS. VS. THE STATE OF DELHI & ANR” in CRL.M.C.326/2018, in PRIYA AGGARWAL & ANR VS. THE STATE OF DELHI & ANR. in CRL.M.C. 2379/2018 and in view of the No Dues Certificate and non opposition on behalf of the respondent nos. 1 & 2, it is considered appropriate to put a quietus to the litigation between the parties and that no purpose would be served by the continuation by the same, the FIR No.141/2018, PS Mehrauli, registered under Section 135 of the Indian Electricity Act, 2003 and all consequential proceedings emanating therefrom are thus quashed.

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ANU MALHOTRA, J

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MAY 10, 2018 vm

Jarnail Singh & Anr. v. Thw State & Anr.

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Jarnail Singh & Anr. v. Thw State & Anr.

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