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HIGH COURT OF DELHI
CRL.M.C. 1946/2022
SH. ANIL ..... Petitioner
Through: Mr. Manoj Arya, Adv.
Through: Mr. Digam Singh Dagar, APP for the State with SI Mohit Singh, PS Punjabi
Bagh Mr. Akhil Hasija, Mr. Pankaj Tandon, Advs.
Date of Decision: 28.08.2023
JUDGMENT
1. 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.
DINESH KUMAR SHARMA, J AUGUST 28, 2023