Rajender Singh Lohia v. State & Ors

ORDER %

31.07.2013 CRL.M.C.2898/2013 & CrLM.A. 11000/2013

(Stay) & CRL.M.C.2899/2013 & CrI.M.A. 11006/2013

(Stay) & CRL.M.C.2900/2013 & CrLM.A. 11010/2013

(Stay) & CRL.M.C.2901/2013 & CRL.M.C. 2902/2013 & CrLM.A. 11013/2013

(Stay) & CRL.M.C. 2903/2013 & CrLM.A. 11016/2013

(Stay) Quashing of FIRs No.420; 419; 422; 428; 418 & 424 of 2012 under Section 135 of the Electricity Act registered at P.S.Vasant Kunj, Delhi in above-captioned six petitions is sought on identical ground i.e. of CRL.M.C.2898, 2899, 2900, 2901, 2902 & 2903 of2013 Page 3 receiving'No Dues Certificate'of27^ December,2012 from respondent-complainantand so these petitions were heard together and are being disposedofby this commonorder. Notice. Mr. Mukesh Gupta, AdditionalPublic Prosecutor,accepts notice on behalf of Respondent-State. Mr. M.D. ShariqueHussain,Advocate,acceptsnoticeon behalfof respondentNo.2/first-informantof the FIRs in questionand submits,on instructionsfrom Mrs. Jaya, Manager(Legal)BSES-RPL,thatnothingis due towards petitionersin respectof subjectmatter of FIRs in question and 'No Dues Certificates'have been alreadyissuedto petitionersand so, theproceedingsarisingout oftheseFIRsbe broughtto an end. In 'Gian Singh Vs. State of Punjab' (2012) 10 SCC 303 Apex Courthas recognizedthe need ofamicableresolutionofdisputesin cases like the instant one, by observing as under:- "However, certain ojfences which overwhelminglyandpredominantlybear civilflavour having arisen out of civil, mercantile, commercial, financial,partnershipor such like transactionsor the offences arising out of matrimony, particularly relatingto dowry, etc. or thefamilydispute,where the wrong is basicallyto the victim and the offenderand the victim have settled all disputes between them amicably, irrespectiveof the fact that such offences have not been made compoundable, the High Court maywithintheframeworkofits inherentpower, quash the criminalproceeding or criminal complaintor FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal CRL.M.C.2898,2899, 2900, 2901,2902 &2903 of2013 Page 4 proceedings, justice shall he casualty and ends of justice shall be defeated. " Since the dispute, which is the subject matter of FIRs in question is essentially of commercial nature, which stands mutually and amicably settled between the parties, therefore, this Court finds that continuance of the proceedings arising out of these FIRs in question would be an exercise in futility. Consequently, these six petitions are allowed and FIRs No.420; 419; 422; 428; 418 & 424 of 2012 under Section 135 of the Electricity Act registered at P.S.Vasant Kunj, Delhi and proceedings emanating therefrom are quashed qua petitioner. These six petitions and the applications are accordingly disposed of (SUNIL GAUR) Judge JULY 31, 2013 s CRL.M.C.2898,2899, 2900, 2901, 2902 & 2903 of2013 Page 5

$-13 to 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + (1) CRL.M.C. 2898/2013 RAJENDER SINGH LOHIA + Mr. MukeshGupta,Additional respondentNo.2 with Mrs. Jaya, (2) CRL.M.C. 2899/2013 RAJENDER SINGH LOHIA Mr. T.K. Mukhejaand respondentNo.2 with Mrs. Jaya, + (3) CRL.M.C. 2900/2013 RAJENDER SINGH LOHIA Mr. T.K. Mukhejaand CRL.M.C.2898.2899, 2900, 2901, 2902 & 2903 of2013 Page 1 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. + + (4) respondent No.2 with Mrs. Jaya, CRL.M.C. 2901/2013 RAJINDER SINGH LOHIA (5) respondent No.2 with Mrs. Jaya, CRL.M.C. 2902/2013 RAJENDER SINGH LOHIA CRL.M.C.2898,2899, 2900, 2901, 2902 & 2903 of2013 Page 2 respondent No.2 with Mrs. Jaya, + (6) CRL.M.C. 2903/2013 RAJENDER SINGH LOfflA respondent No.2 with Mrs. Jaya, CORAM: HON'BLE MR. JUSTICE SUNIL GAUR