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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rakesh Kumar – Appellant
Versus
The State (Govt. of NCT of Delhi) & Anr. – Respondents
Cr.M.C. 1931 of 2022
Decided On : 10-05-2023
Quashing - Electricity Theft - The court quashed the FIR and all proceedings based on the settlement between the parties and the issuance of a 'No Dues Certificate' by the electricity provider.
Fact of the Case:
The petitioner sought quashing of FIR for electricity theft, citing settlement between the parties and payment of reduced amount.
Finding of the Court:
The court found that the matter had been settled between the parties, the electricity provider issued a 'No Dues Certificate', and the chances of conviction were bleak.
Issues: Quashing of FIR and proceedings based on settlement and reduced payment for electricity theft.
Ratio Decidendi: The court may exercise power under section 482 CrPC for quashing proceedings when chances of conviction are bleak and no useful purpose is likely to be served by allowing a criminal prosecution to continue.
Final Decision: The court quashed the FIR and all proceedings based on the settlement and the issuance of a 'No Dues Certificate' by the electricity provider.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No. 110/2008 registered under sections 135/438 Indian Elec. Act (Amed) 2003 at PS Harsh Vihar.
2. Briefly stated facts of the case are that the present FIR was lodged on the basis of complaint lodged by Respondent No.2 wherein it is stated that on 24.08.2007 an inspection took place on the basis of which allegations of electricity theft were made against the petitioner.
3. Chargesheet has not been filed.
4. Learned counsel for the petitioner submits that during the course of proceedings the matter has already been settled between the parties and thus the Present FIR maybe quashed along with all the other proceedings emanating therefrom.
5. As per the settlement the initial theft of electricity bill of Rs.5,16,290/- was reduced to Rs.2,58,145/-. The petitioner paid the said amount after which The BSES has also issued `No Dues Certificate' and also sent a communication to the SHO, PS Harsh Vihar that the matter has been settled.
6. Learned counsel for BSES submits that the matter has already been settled.
7. It has been repeatedly held by the Hon'ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.
8. In view of the above-mentioned facts and circumstances and taking the case FIR No. 110/2008 registered under sections 135/438 Indian Elec. Act (Amed) 2003 at PS Harsh Vihar along with all the other proceedings emanating therefrom is quashed.
9. The present petition stands disposed of.
The court may quash proceedings when the chances of conviction are bleak and no useful purpose is likely to be served by allowing a criminal prosecution to continue.
The amicable resolution of a civil dispute and the issuance of a 'No Dues Certificate' can influence the court to quash a FIR and related proceedings.
The amicable resolution of a civil dispute and the clearance of civil liability can be grounds for quashing a FIR and subsequent proceedings under the Indian Electricity Act.
The main legal point established is the inherent power of the High Court to quash criminal proceedings in non-compoundable cases based on settlement, especially in cases of predominantly civil charac....
The court's inherent jurisdiction under Sec. 482 Cr.P.C. must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurispr....
The power to quash criminal proceedings should be exercised sparingly, and the court's role at the Section 482 Cr.P.C. stage is to determine whether a case for trial of the accused is made out based ....
(a) Offence of power theft is a compoundable offence.(b) Criminal prosecution can be dropped after matter is settled in Lok Adalat.
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