Full Text
HIGH COURT OF DELHI
Date of Decision: 08.09.2025 ,,,,,,,,,, CRL.M.C. 10182/2024
ADITYA VIKRAM SINGH SETHI ....Petitioner
Through: Mr. Parmesh Bali, Mr. Gagan Garg, Advocates
OF DELHI AND ANR. … Respondents
Through: Mr. Yudhvir Singh Chauhan, APP
Mr. Akhil Hasija, Advocate 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. 482/2018, dated 05.09.2018, registered at P.S Punjabi Bagh, Delhi under Sections 135of 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 10.05.2018 an inspection conducted by Respondent no. 2 at premises no. G-4, Jeevan Basera Apartments, West Punjabi Bagh, Delhi, revealed that petitioner was 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 20.666 KW for domestic use was detected. A theft bill of ₹5,20,108 was raised. Chargesheet has since been filed under sections 135 of Indian Electricity Act (Amend) 2003 against the petitioner.
3. During the course of proceedings, the parties amicably resolved their disputes and the same was recorded before the ld. Trial Court vide order dated 20.11.2024. Pursuant to the aforesaid settlement, petitioner have cleared all their dues totaling to Rs. 80,00/- (Rupees Eighty Thousand only). It is submitted that in regards to the same, respondent no. 2 has also issued a No Dues Certificate dated 21.10.2024. Copy of the No Dues Certificate dated 21.10.2024 has been annexed as Annexure C.
4. Petitioner is physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Kapil Beniwal, from PS Punjabi Bagh.
5. Ld. Counsel for Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and they have received the total amount of Rs. 80,00/- (Rupees Eighty Thousand only) from the petitioner and have no objection if the FIR No. 482/2018 is quashed against the Petitioner.
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. 482/2018 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. 482/2018, dated 05.09.2018, registered at P.S Punjabi Bagh, Delhi under section 135 of Indian Electricity Act (Amend) 2003 and 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.