Full Text
HIGH COURT OF DELHI
CRL.M.C. 2107/2022
SH. NARESH @ RANJAN AND ANR. ..... Petitioners
Through: Mr. Diwanshu, Adv. for P-1 & 2.
Through: Mr. D. S. Dagar, APP for the State with SI Ankur Kardan, PS Punjabi
Bagh.
Mr. Priyansh Sharma, Adv. for R-2.
Date of Decision: 16th January, 2023.
JUDGMENT
1. The present petition has been filed for quashing of FIR No. 0721/2019 registered at PS Punjabi Bagh under Section 135 of the Electricity Act, 2003.
2. The FIR was lodged at the statement of Sh. K. C. Saini, Authorized Officer Asst. Manager Enforcement. In the FIR, it was alleged that on inspection it was found that the accused was indulging in direct theft of electricity supply from Bus Bar with two illegal red colour wire Neutral Citation Number is 2023/DHC/000625 CRL.M.C. 2107/2022 connected to premises wiring through which the whole load of the premises was running illegally.
3. Learned counsel for the respondent No.2 submits that BSES has now settled the matter and the entire civil liability has been cleared. Learned counsel submits that since civil liability has been cleared, the matter stands settled. The copy of the ‘No Dues Certificate’ being issued by the BSES has also been placed on record.
4. 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. Therefore, continuance of the FIR bearing No. 0721/2019 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.
5. In view of the amicable resolution of dispute between the parties, the FIR No. 0721/2019 registered at PS Punjabi Bagh under Section 135 of the Electricity Act, 2003 and all the proceedings emanating therefrom are quashed.
6. The present petition stands disposed of.
DINESH KUMAR SHARMA, J JANUARY 16, 2023