Full Text
HIGH COURT OF DELHI
Date of Decision: 12.09.2025 ,,,,,,,,,, CRL.M.C. 6487/2025 & CRL.M.A. 27361/2025 EXEMPTION
AADIL & ANR. .....Petitioners
Through: Mr. Zaid Iqbal, Adv. Petitioners in person.
Through: Ms. Kiran Bairwa, APP SI Veena, P.S.Jafrabad and
HC.Pardeep, P.S.Laxmi Nagar.
Mr. Moksh Arora and Mr. Santosh Ramdurg, Adv. for R-
2.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 572/2022, dated 09.08.2022, registered at P.S Jafrabad, Delhi under Section 135 of Indian Electricity Act (Amend.) 2003 and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, on 23.02.2022 an inspection conducted by Respondent no. 2 at premises no. House no.-960, (Pole No.YVR X 6575), Gali No.30/9, Jafrabad, Delhi-110053, revealed that petitioners were indulged in direct theft of electricity by tapping into the company’s supply system with illegal wires. No authorized meter or legal source of supply was found, and a connected load of 58 KW for domestic use was detected. A theft bill of Rs.2,08,833/- was raised but remained unpaid. Chargesheet has since been filed under sections 135 of Indian Electricity Act (Amend.) 2003 against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes at Special Court Settlement and petitioners have paid their dues totaling to Rs. 1,38,840/- (Rupees One Lac Thirty Eight Thousand Eight Hundred Forty only) to respondent no. 2. It is submitted that in regards to the same, respondent no. 2 has also issued a ‘No Dues Certificate’ dated 06.01.2025. Copy of the ‘No Dues Certificate’ dated 06.01.2025 has been annexed as Annexure C.
4. Petitioners are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Veena, from P.S. Jafrabad and HC.Pardeep, from P.S. Laxmi Nagar.
5. Ld. Counsel for Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have received the total amount of Rs. 1,38,840/- (Rupees One Lac Thirty Eight Thousand Eight Hundred Forty only) from the petitioners and have no objection if the FIR No. 572/2022 is quashed against the Petitioners.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 572/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
8. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
9. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 572/2022, dated 09.08.2022, registered at P.S Jafrabad, Delhi under section 135 of Indian Electricity Act (Amend) 2003and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.