Shakuntala & Anr v. State of NCT Delhi & Ors

O R D E R %

26.10.2016

Crl. M.A. No. 16838/2016

Exemption allowed, subject to all just exceptions.

The application stands disposed of. W.P.(CRL) 3134/2016

Issue notice. Learned counsel for the respondent No.2/ BSES accepts notice.

The petitioner has preferred the present writ petition to seek quashing of FIR No.491/2015 under Section 135 of the Indian Electricity Act registered at PS – Mehrauli. The submission of the petitioner is that the petitioner has already settled the civil liability and the No Dues Certificate dated 19.12.2014 issued by respondent No.2 is placed on record. Learned counsel for the respondent No.2 submits that the respondent No.2, in view of the aforesaid position, is not interested in prosecution of the petitioner and joins the prayer for quashing of the FIR and the proceedings arising therefrom. The charge-sheet has still not been filed in the case and the proceedings are at initial stage. Since the respondent No.2/ complainant is not interested in pursuing the matter and the charge-sheet has still not been filed, I am inclined to allow the petition as no useful purpose would be served in keeping the present FIR and the proceedings arising therefrom pending any further. The petition is, accordingly, allowed and the present FIR and the proceedings arising therefrom are quashed.

VIPIN SANGHI, J OCTOBER 26, 2016 B.S. Rohella

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3134/2016 SHAKUNTALA & ANR. ..... Petitioners Through: Mr. Hitesh Baisla & Mr. Tarun Srivastava, Advocates along with petitioner No.2 in person. versus STATE OF NCT DELHI & ORS ..... Respondents Through: Ms. Nandita Rao, ASC along with SI Amit Kumar, PS – Mehrauli, for the State. Mr. Deepak Pathak, Advocate for respondent No.2/ BSES – RPL. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI