Rajesh Kumar vs.the State ( Nct of Delhi) & Anr

Rajesh Kumar vs The State ( Nct of Delhi) & Anr

Type Court Judgment Court Delhi Decided Aug 13, 2018

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https://sooperkanoon.com/case/1216995

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Citation: sooperkanoon.com/1216995
Court: Delhi High Court
Decided On: Aug 13, 2018
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Rajesh Kumar

Respondent

The State ( Nct of Delhi) & Anr

Excerpt

.....for theft of electricity consequent to a raid that had taken place in the premises of the petitioner where direct theft was found. a direct theft bill of rs. 2,14,875/- was raised. thereafter crl.m.c. 4078/2018 page 1 of 2 petitioner approached the respondents and the parties had settled their disputes. it was agreed that a total amount of rs.62,315.92/- shall be paid by the petitioner. the said amount has been paid and a no dues certificate dated 18.05.2016 has been issued.3. learned counsel appearing for respondent no.2/bses submits that since respondent no.2 has received the entire settlement amount, respondent no.2/bses-rpl does not wish to press the present complaint against the petitioner any further.4. in view of the fact that the disputes between the parties have been settled and petitioner has paid the settlement amount, 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 also be expedient to quash the subject fir and the consequent proceedings emanating therefrom.5. in view of the above, fir no.374 of 2016 under section 135 of the indian electricity act, 2003, police station malviya nagar, new delhi and the consequent proceedings emanating there from are quashed.6. order dasti under the signatures of the court master. august13 2018 rk crl.m.c. 4078/2018 sanjeev sachdeva, j page 2 of 2

Full Judgment

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4078/2018 Judgment delivered on:

13. 08.2018 RAJESH KUMAR THE STATE ( NCT OF DELHI) & ANR versus Advocates who appeared in this case: For the... Petitioner

: [ For the Respondent: Mr. Sandeep Verma, Adv. ........ Petitioner

........ RESPONDENTS

ASI Padeum Kumar, P.S.Malviya Nagar. Mr.Sunil Fernandes, Standing Counsel with Ms.Priyansha Sharma and Mr.Arnav Vidyarthi, Advs. for respondent No.2. Mr.Pradeep Maisoya, Asst.Manager, Legal, BSES RPL. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1308.2018 SANJEEV SACHDEVA, J.

(ORAL) Crl. M.A. 29892/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 4078/2018 1. The petitioner seeks quashing of FIR No.374 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, New Delhi, based on a settlement.

2. The subject FIR was registered for theft of electricity consequent to a raid that had taken place in the premises of the petitioner where direct theft was found. A direct theft bill of Rs. 2,14,875/- was raised. Thereafter CRL.M.C. 4078/2018 Page 1 of 2 petitioner approached the respondents and the parties had settled their disputes. It was agreed that a total amount of Rs.62,315.92/- shall be paid by the petitioner. The said amount has been paid and a No Dues Certificate dated 18.05.2016 has been issued.

3. Learned counsel appearing for respondent No.2/BSES submits that since respondent No.2 has received the entire settlement amount, respondent No.2/BSES-RPL does not wish to press the present complaint against the petitioner any further.

4. In view of the fact that the disputes between the parties have been settled and petitioner has paid the settlement amount, 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 also be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

5. In view of the above, FIR No.374 of 2016 under Section 135 of the Indian Electricity Act, 2003, Police Station Malviya Nagar, New Delhi and the consequent proceedings emanating there from are quashed.

6. Order Dasti under the signatures of the Court Master. AUGUST13 2018 rk CRL.M.C. 4078/2018 SANJEEV SACHDEVA, J Page 2 of 2

Same Court & Year Delhi · 2018 Same Parties Rajesh Kumar vs The State ( Nct of Delhi) & Anr Same Subject Land Acquisition