Allowed

Muthuvel Palani M. v. C Angala Eswari & Ors.

Delhi HC10 Jan 2018W.P.(CRL)/79/2018

Case brief

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What is this about?

The High Court of Delhi quashed the FIR and proceedings under Section 135 of the Delhi Electricity Act registered during a dispute that was settled with payment of dues. The order was passed subject to deposit of specified amounts into welfare and police martyrs funds within ten days.

What did the court decide?

FIR No. 395/2016 under Section 135 of the Delhi Electricity Act and proceedings therefrom quashed, subject to deposit of Rs. 5,000/- with Delhi High Court Advocates Welfare Trust and Rs. 10,000/- with

Muthuvel Palani M. Vs C Angala Eswari & Ors. — Quashing and FIR | Delhi HC (2018)

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 69/2019 BRIJENDER PRABHAKAR ..... Petitioner Through: Mr. Sandeep Singh, Advocate

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versus STATE & ORS. ..... Respondents Through: Mr. Panna Lal Sharma, APP with SI Taib Khan, PS:Neb Sarai, Delhi Mr. Deepak Pathak, Advocate for respondent No.2

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CORAM:

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HON'BLE MR. JUSTICE CHANDER SHEKHAR

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O R D E R

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% 10.01.2019

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CRL.M.A. 341/2019

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Allowed, subject to all just exceptions. The application is disposed of.

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CRL.M.C. 69/2019

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The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.395/2016, under Section 135 of the Delhi Electricity Act, registered at PS: Neb Sarai, Delhi and the proceedings emanating therefrom.

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Learned counsel for the parties submitted that the parties have settled their disputes.

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Learned counsel for the petitioner submitted that the petitioner has paid all the dues and nothing is due from him on account of assessment bill for theft raised by respondent No.2 against the petitioner.

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Learned counsel for the respondent No.2 submitted that, as per his instructions, in view of the payment made by the petitioner and the “ no dues certificate ” issued by respondent No.2, the present petition may be allowed and the FIR against the petitioner may be quashed.

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In view of the aforesaid circumstances and the statement of the learned counsel for the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 395/2016, under Section 135 of the Delhi Electricity Act, registered at PS: Neb Sarai, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of Rs.5,000/- with Delhi High Court Advocates‟ Welfare Trust and Rs.10,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 within ten days and a receipt of the said deposit be filed in the Registry within three weeks and a copy of the said receipt shall also be handed over to the APP through the I.O. within 3 weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

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Petition is disposed of in above terms.

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CHANDER SHEKHAR, J

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JANUARY 10, 2019 tp

Muthuvel Palani M. v. C Angala Eswari & Ors.

Case brief

What is this about?

What did the court decide?

Muthuvel Palani M. v. C Angala Eswari & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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