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2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1145/2017 MANOJ BHARDWAJ.
........ Petitioner
Through Mr. Vipin Kumar Anand, Advocate with petitioner in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS
Through Mr.Kamna Vohra, ASC for the State Mr. Raghav Chadha, Advocate with Mr. Pradeep Baisoya, authorised representative of respondent No.2-comapny. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER
0109.2017 % Learned counsel for respondent No.2 has handed over a copy of General Power of Attorney dated 05.07.2017 in favour of Mr. Pradeep Baisoya. Same is taken on record. The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.79/2015, registered on 18.01.2015 against him with Police Station Neb Sarai, South District, Delhi, under Section 135 of the Indian Electricity (Amendment) Act, 2003 on the complaint of respondent No.2/BSES. The raid on the premises of the petitioner was conducted on 30.09.2014 and the petitioner was found indulging in direct theft of W.P. (Crl.) No.1145/2017 Page 1 of 2 electricity. The respondent No.2/BSES lodged a complaint which culminated into said FIR against the petitioner. Later on, the respondent raised a bill of Rs.37,858/- against the petitioner bearing No.AGENR1010 20140021R1 dated 12.04.2016 for new CA No.400610740. The petitioner had paid the entire amount of the bill on 29.06.2016 by way of Demand Draft No.676564 dated 29.06.2016. On deposit of dues, the respondent No.2-company has issued “No Dues Certificate” to the petitioner. The authorised representative of the respondent No.2 submits that the entire bill has been paid by the petitioner and they do not want to pursue the said FIR. He submits that the said FIR may be quashed. Learned ASC through the IO submits that the charge sheet has already been filed. In the circumstances, when the parties had amicably settled the matter and the petitioner had paid the entire bill raised by the respondent, no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No.79/2015, registered on 18.01.2015 against the petitioner with Police Station Neb Sarai, Delhi, under Section 135 of the Indian Electricity (Amendment) Act, 2003 and proceedings arising out of the said FIR are hereby quashed. The petition is disposed of accordingly. DASTI.
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8. 9. SEPTEMBER01 2017 “sandeep” VINOD GOEL, J.
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