LAWS(DLH)-2015-12-462

RAFI AHMAD @ HAZI RAFIQ Vs. STATE & ANR

Decided On December 14, 2015
Rafi Ahmad @ Hazi Rafiq Appellant
V/S
State And Anr Respondents

JUDGEMENT

(1.) Crl.M.C. 4770/2015 By way of the present Petition filed under Section 482 Cr.P.C. petitioner seeks directions thereby quashing of FIR No. 1216/2014 registered at PS-Amar Colony for the offence punishable under Section 135 of Indian Electricity Act and consequential proceedings emanating therefrom against him.

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered against the petitioner on the complaint of respondent No.2, i.e., BSES Rajdhani Power Ltd. on account of direct theft of electricity from BSES Bus bar with the help of illegal wire and using the electricity illegally. Thereafter, the matter has been settled between the parties and the petitioner paid the total dues raised by respondent no.2. Thus, respondent no.2 does not want to pursue the case further against him.

(3.) Ld. Counsel named above appearing on behalf of the respondent no.2 on instructions does not dispute the submissions made by counsel for the petitioner and submits that the matter has been settled between the parties and the petitioner has paid the total amount raised by respondent no.2 and nothing due against him. He further submits that a 'No Due Certificate' to this effect has been issued to the petitioner. Thus, respondent no. 2 has no complaint whatsoever against the petitioner and if the present petition is allowed, the said respondent has no objection.