Jasvinder Singh Sethi & Anr. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 12 Aug 2025 · 2025:DHC:6787
Ravinder Dudeja
CRL.M.C. 3023/2025
2025:DHC:6787
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 135 of the Electricity Act following an amicable settlement, affirming the court's power to end criminal proceedings where continuation would be unjust.

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CRL.M.C. 3023/2025
HIGH COURT OF DELHI
Date of Decision: 12.08.2025
CRL.M.C. 3023/2025 & CRL.M.A. 13418/2025 (exemption)
JASVINDER SINGH SETHI & ANR. .....Petitioners
Through: Mr. Parmesh Bali, Mr. Saurabh Bali, Mr. Gagan Garg and Mr. Akshat Rohani, Advs.
VERSUS
THE STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Manisha, P.S.Punjabi Bagh.
Mr. Divyansh Tiwari, Adv.
WITH
Mr. Pradeep Baisoya, AR of R-2.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. The present petition has been filed under section 528 BNSS seeking the quashing of the FIR NO. 86/2019 Under Sections 135 of the Electricity Act registered at P.S. Punjabi Bagh and all the proceedings emanating therefrom.

2. BSES Rajdhani Power Ltd. alleged that on 09.01.2019, the accused were found stealing electricity at their West Punjabi Bagh premises using illegal wiring without a meter, leading to a ₹5,04,376 assessment and registration of an FIR under Section 135 of the Electricity Act, 2003. A chargesheet under the same sections was filed.

3. Learned counsel for the petitioners submits that during the pendency of the proceedings before the trial court, the parties have amicably settled their disputes for a sum of Rs.60,000/-. Copy of the order dated 02.05.2024 is annexed as Annexure D. It is further submitted that petitioners have since deposited Rs.60,000/- and ‘No Dues’ certificate has been issued which is 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 Manisha from PS Punjabi Bagh.

5. Mr. Divyansh Tiwari, learned counsel appearing for respondent no.2 confirms that parties have amicably settled their disputes and in terms of settlement, petitioners have deposited Rs. 60,000/- and there is no dues against the present petitioners and, therefore, respondent no.2 has no objection if the FIR No. 86/2019 Under Sections 135 of the Electricity Act registered at P.S. Punjabi Bagh 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. 86/2019 Under Sections 135 of the Electricity Act registered at P.S. Punjabi Bagh is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR NO. 86/2019 Under Sections 135 of the Electricity Act registered at P.S. Punjabi Bagh and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 86/2019 Under Sections 135 of the Electricity Act registered at P.S. Punjabi Bagh and all the other consequential proceeding emanating therefrom is hereby quashed.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J AUGUST 12, 2025