Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(P&H) 670

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Kumar Tyagi, J.
Amit Kumar & Ors. - Appellants
Versus
State Of Punjab & Ors. - Respondents
CRM-M-1354-2021, CRM-M-1404-2021, CRM-M-1538-2021, CRM-M-1673-2021, CRM-M-1530-2021, CRM-M-1546-2021, CRM-M-1599-2021, CRM-M-1640-2021, CRM-M-1641-2021, CRM-M-1644-2021, CRM-M-1670-2021, CRM-M-1672-2021, CRM-M-1681-2021, CRM-M-1687-2021, CRM-M-1693-2021 and CRM-M-1731-2021
Decided On : 19-01-2021

Advocates Appeared:
Mr. Aayush Gupta, Advocate, for the Appellant; Mr. P.S. Walia, Asstt. AG, Punjab, Ms. Abhilaksh Grover Advocate, for the Respondent

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 character.

Headnote:
Electricity Act - Quashing of FIRs - Section 135, Section 152
Fact of the Case:

The petitioner filed petitions under Section 482 of the Cr.P.C seeking quashing of multiple FIRs registered under Section 135 of the Electricity Act, 2003, due to a compromise with the respondent.
Finding of the Court:

The court found that the compromise between the parties and the predominantly private/commercial nature of the offence warranted quashing of the FIRs to prevent oppression and injustice to the petitioner.
Issues: The issues involved the applicability of Section 152 of the Electricity Act, 2003, and the court's inherent power to quash criminal proceedings based on settlement.
Ratio Decidendi: The court held that the High Court has inherent power to quash criminal proceedings in non-compoundable cases based on settlement, especially in cases of predominantly civil character. It also emphasized that such power cannot be exercised in cases involving heinous and serious offences with a significant impact on society.
Final Decision: The court quashed all the FIRs and consequential proceedings based on the settlement between the parties.

JUDGMENT

Arun Kumar Tyagi, J. (Oral).

(The case has been taken up for hearing through video conferencing.)

2. Petitioner-Amit Kumar has filed the above-said petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of the following FIRs with all consequential proceedings arising therefrom in view of the compromise dated 23.12.2020 (Annexure P-3) effected with respondent No.2-Punjab State Power Corporation Limited :-

Sr.No.	Details of FIRs
1	FIR No.52 dated 12.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
2	FIR No.55 dated 12.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
3	FIR No.61 dated 13.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
4	FIR No.1617 dated 17.11.2017 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
5	FIR No.56 dated 12.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
6	FIR No.1613 dated 16.11.2017 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
7	FIR No.885 dated 20.08.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
8	FIR No.48 dated 11.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
9	FIR No.53 dated 16.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
10	FIR No.60 dated 13.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
11	FIR No.769 dated 26.07.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
12	FIR No.47 dated 11.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
13	FIR No.63 dated 13.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
14	FIR No.54 dated 12.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
15	FIR No.57 dated 12.01.2018 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.
16	FIR No.1612 dated 16.11.2017 registered under Section 135 of the Electricity Act, 2003 in Police Station Anti Power Theft, District Ludhiana.

3. The above-said FIRs were registered against the petitioner on written complaints made by Assistant Executive Engineer, PSPCL, Model Town, Ludhiana regarding theft of electricity by the petitioner. The petitioner filed petitions for grant of anticipatory bail and during pendency of the petitions for grant of anticipatory bail the matter was referred to Mediation and Conciliation Center of this Court. The mediation was successful and with the efforts of the Mediator, the parties compromised the matter in terms of settlement/compromise (Annexure P-3).

4. In view of above-said settlement/compromise between the parties, the petitioner has filed the present petitions seeking quashing of the above-said FIRs.

5. Learned State Counsel and learned Counsel for respondent No.2 have no objection if the above-said FIRs are quashed in terms of the compromise.

6. Learned Counsel for respondent No.2 has also acknowledged that the petitioner has paid the amount agreed upon with interest to respondent No.2 in terms of the compromise/settlement.

7. I have heard learned Counsel for the petitioner, learned State Counsel and learned Counsel for respondent No.2 and gone through the relevant record.

8. Section 135 of the Electricity Act, 2003 defines and penalises th

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