Atul Goyal v. The State (Govt of NCT of Delhi) & Anr

Delhi High Court · 30 Jul 2025 · 2025:DHC:6254
Ravinder Dudeja
CRL.M.C. 407/2025
2025:DHC:6254
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 135 of the Indian Electricity Act following amicable settlement and payment of dues, holding that continuation of proceedings would be an abuse of process.

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CRL.M.C. 407/2025
HIGH COURT OF DELHI
Date of Decision: 30.07.2025
CRL.M.C. 407/2025
ATUL GOYAL .....Petitioner
Through: Mr. Deepanshu Rana, Adv.
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ANR ......Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Neha Tyagi, PS
Harsh Vihar.
Mr. Sanjeet Trivedi, Adv. for R-2
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 1949/2025 (Exemption from filing certified copies etc.)
Allowed, subject to all just exceptions.
The application stands disposed of.

1. This is a petition under Section 528 BNSS seeking quashing of FIR no. 0108/2024 under Section 135 of the Indian Electricity Act Police Station Harsh Vihar as also the subsequent proceedings pending before the court of Ld. Additional Sessions Judge, East District, Karkardoma.

2. This a non contentious matter as it is stated that respondent NO. 2 has since made the payment of all the dues amounting to Rs. 31,370/- (Rupees thirty one thousand three hundred and seventy only) to BSES Yamuna Power Ltd. and copy of the payment receipt/No Dues Letter dated 08.02.2024 is Annexure P-2.

3. Mr. Sanjeet Trivedi, Ld. Counsel appearing for respondent no. 2 confirms that all the dues are settled and therefore, respondent no. 2 has no objection in case the FIR is quashed.

4. 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:-

"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."

5. 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. 0108/2024, dated 17.01.2024, registered at P.S Harsh Vihar, Delhi under Section 135 of Indian Electricity Act, 2003 and all the other consequential proceeding emanating therefrom.

6. Since both parties have come to an amicable settlement and petitioner has cleared all the dues, under such circumstances the petition is allowed and FIR no. 0108/2024 under Section 135 of Indian Electricity Act as also the proceedings emanating there from are quashed.

7. Petition, accordingly, stands disposed of.

RAVINDER DUDEJA, J JULY 30, 2025