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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sh. Anil – Appellant
Versus
The State Govt. of NCT Delhi & Anr. – Respondents
Cr.M.C. 1946 of 2022
Decided On : 28-08-2023
Indian Electricity Act, 2003 - Quashing of FIR
Fact of the Case:
The petitioner filed a petition under Section 482 Cr.PC for quashing of FIR No. 0411/2019 under Section 135 of the Indian Electricity Act, 2003, alleging direct theft of electricity.
Finding of the Court:
The court found that the dispute was predominantly of a civil nature and had been amicably resolved, with a 'No Dues Certificate' issued by the respondent. The court concluded that continuing the trial would serve no useful purpose and may cause prejudice to the petitioner.
Issues: The main issue was whether the FIR under Section 135 of the Indian Electricity Act, 2003 should be quashed due to the amicable resolution of the dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the civil dispute and the issuance of a 'No Dues Certificate', leading to the quashing of the FIR and all proceedings emanating from it.
Final Decision: The court quashed the FIR 0411/2019 dated 01.08.2019 under Section 135 of the Indian Electricity Act, 2003, and all proceedings emanating therefrom, due to the amicable resolution of the dispute between the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--This is a petition under Section 482 Cr.PC for quashing of FIR No. 0411/2019 dated 01.08.2019 under Section 135 of the Indian Electricity Act, 2003 registered at Police Station Punjabi Bagh, West Delhi.
2. The FIR was lodged at the statement of Sunil Chandyoke (Assistant Manager), alleging therein that during the inspection, it was found that the electronic meter installed at the premises of the accused was indulging in the direct theft of electricity.
3. It has been submitted that the parties have settled the matter in Permanent Lok Adalat-II vide dated 30.07.2019 and a "No Dues Certificate" dated 26.11.2020 has already been issued by the respondent.
4. On behalf of BSES, Sudip Bhattacharya, Assistant, Vice President, BSES RPL, BSES Bhawan, Nehru Place, New Delhi has filed the affidavit.
5. In the affidavit, it has been stated that the matter has been settled before Permanent Lok Adalat-II vide dated 30.07.2019 with regard to the Civil liability with the BSES for an amount of Rs.1,80,000/- as full and final settlement and "No Dues Certificate" dated 26.11. 2020 has already been issued.
6. This Court considers that the dispute in the present case was predominantly of a civil flavour. The dispute has been amicably resolved and the civil liability also stands cleared. Since the matter has been settled, no purpose will be served by continuing of trial. Therefore, continuance of the FIR bearing No. 0411/2019 and the proceedings emanating therefrom, given that the parties have amicably resolved all disputes would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility.
7. In view of the amicable resolution of the dispute between the parties, the FIR 0411/2019 dated 01.08.2019 under Section 135 of the Indian Electricity Act, 2003 registered at Police Station Punjabi Bagh, West Delhi and all the proceedings emanating therefrom are quashed.
8. The present petition stands disposed of.
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 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 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.
The jurisdiction over electricity theft assessments lies with the Special Court as per the Electricity Act, not the Permanent Lok Adalat.
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
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