Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5909/2023
SANJAY TYAGI & ORS. ..... Petitioners
Through: Mr. Ankit Tyagi, Mr. M. Kumar
Sharma, Advs. along with petitioners.
versus
STATE (GOVT. NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for the
State with ASI Manish Kumar, PS
Harsh Vihar.
Mr. Sanjeet Kr. Trivedi, Adv. for R-2
% Date of Decision: 18th August, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 22198/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 5909/2023 Page 1 of 4
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:28.08.2023
15:18:26
CRL. M.C. 5909/2023
1. Present petition has been filed under Section 482 CrPC seeking
quashing of case FIR No. 90/2021 dated 03.02.2021 under Sections
135/138/150 of Indian Electricity Act, 2003 registered at PS Harsh
Vihar. The said FIR was lodged at the complaint of Sachin Dubey on
behalf of the BSES Yamuna Power Ltd./ respondent No. 2.
2. As per the FIR it has been alleged that on 20.11.2020 one meter was
replaced by MMG because of being burnt. It was suspected that the
said meter was tampered with / externally burnt and thus was seized
and sent to the meter testing lab, whereby, upon being tested a lot of
parts such as meter plastic, hologram seals, all terminals, meter R1-45
communication port, meter display etc., all were found to be burnt.
Thereafter, on 15.12.2020 an inspection was carried out by the
officials of the respondent No. 2 whereupon the said meter was found
at the site. The total connected load on the said meter was discovered
to be to the extent of 5.905 KW for non-domestic purposes against the
sanctioned load of 6KW. The inspection report, load report & seizure
memo were prepared and presented before the Assessing Officer who
after considering all the material and evidence on record and the
consumption pattern, passed a speaking order on 21.12.2020 holding
that the petitioners were dishonestly stealing the electricity without
any authorisation/ permission by the complainant company and hence
CRL.M.C. 5909/2023 Page 2 of 4
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:28.08.2023
15:18:26
committed theft of electricity. Thereafter the respondent No. 2/BSES
assessed the demand to the tune of Rs. 1,70,185/- against the
petitioners.
3. Basis the said allegations the present FIR was lodged. Petitioners
were formally arrested and released on police bail. Chargesheet has
been filed and the charges have been framed against the petitioners
under sections 135/138/150 of the Indian Electricity Act. 2003.
4. Learned counsel for the respondent No.2/BSES submits that now
BSES has settled the matter with the petitioners and the entire civil
liability has been cleared. It has been submitted that as per the
settlement it was agreed that the petitioners will pay Rs. 1,07,400/-
towards full and final settlement to the respondent No. 2.
5. Ld. Counsel for the petitioner submits that the said amount of Rs.
1,07,400/- has already been paid to the respondent No. 2 vide DD No.
507676 dated 12.11.2021 which has been duly acknowledged by the
respondent No. 2. The acknowledgment receipt has been placed on
record. The copy of the ‘No Dues Certificate’ issued by the
respondent No. 2 has also been placed on record.
6. I have heard the submissions and perused the records. Respondent
No.2/BSES has already received the entire settled amount of Rs.
1,07,400/- and has filed the NOC in this regard. 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
CRL.M.C. 5909/2023 Page 3 of 4
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:28.08.2023
15:18:26
also stands cleared. Therefore, continuance of the present FIR and the
subsequent proceedings emanating therefrom would serve no useful
purpose and may cause prejudice to the petitioner and be an exercise
in futility.
7. In view of the amicable resolution of dispute between the parties, the
case FIR No. 90/2021 dated 03.02.2021 under Sections 135/138/150
of Indian Electricity Act, 2003 registered at PS Harsh Vihar and all
the subsequent proceedings emanating therefrom are quashed.
8. Accordingly, the present petition stands disposed of.
DINESH KUMAR SHARMA, J
AUGUST 18, 2023
Pallavi
CRL.M.C. 5909/2023 Page 4 of 4
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:28.08.2023
15:18:26