CRL.M.C./3768/2022 of SMT. ANJALI Vs THE STATE (GOVT. OF NCT OF DELHI) AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 3768/2022 SMT. ANJALI ..... Petitioner Through: Mr.M.A. Inayati & Mr.Shoaib Khan, Advs. SMT. ANJALI ..... Petitioner Through: Mr.M.A. Inayati & Mr.Shoaib Khan, Advs.

versus

THE STATE (GOVT. OF NCT OF DELHI) AND ANR.

..... Respondents Through: Mr.Shoaib Haider, APP. SI Manish Tyagi, PS Jamia Nagar. SI Manish Tyagi, PS Jamia Nagar.

Mr.Deepak Pathak, Adv. for R-2. 2.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLA

% 02.02.2024

1.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0614/2017 registered at Police Station: Jamia Nagar, South-East Delhi under Section 135 of the Indian Electricity Act (Amended), 2003 (in short, ‘Indian Electricity Act’), along with all other proceedings arising therefrom, on the basis of settlement.

2. It is stated that based on the settlement arrived at between the parties before the Special Lok Adalat, the petitioner has paid the entire amount to the respondent no.2. The learned counsel for respondent no.2 does not oppose the present petition.

3.I have perused the contents of the FIR and also the settlement between the parties.

4.Keeping in view the fact that the petitioner having paid the entire amount as demanded by respondent no.2, I find that no useful

purpose shall be served in continuing with the proceedings of the present FIR, however, at the same time, looking into the nature of the allegations in the FIR, the petitioner is subjected to payment of costs of Rs.7,500/- with the Delhi State Legal Services Authority, within period of four weeks from today.

5.Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

6.Accordingly, the petition is allowed. FIR No.0614/2017 registered at Police Station: Jamia Nagar, South-East, Delhi under Section 135 of the Indian Electricity Act and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits the above said costs of Rs.7,500/- and files proof of such deposit with the Registry of this Court and also supplies copy thereof to the Investigating Officer, within the said period.

7.The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the POSCO Victims requiring such assistance.

FEBRUARY 2, 2024/rv/RP

NAVIN CHAWLA, J

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