Disposed

Sh. Kishor Sharma & Anr. v. Govt. of NCT of Delhi & Anr.

Delhi HC6 Aug 2024CRL.M.C./2089/2024

Case brief

AI extract

What is this about?

Petition to quash an electricity theft FIR under Sections 135/150 of the Indian Electricity Act after the petitioners paid Rs.15,55,000 in full and final settlement and received a No Objection Certificate from BSES Yamuna Power Ltd. The court quashed the FIR and all proceedings, holding no purpose would be served by continuing the trial.

What did the court decide?

FIR No.603/2021 under Sections 135/150 of the Indian Electricity Act at PS Seemapuri and proceedings emanating therefrom quashed.

Sh. Kishor Sharma & Anr. Vs Govt. of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2089/2024

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SH. KISHOR SHARMA & ANR. .....Petitioner Through: Mr.Ikrant Sharma, adv. with petitioner in person.

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versus

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GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Mr.Raghvinder Varma, APP for the State. Mr. Sanjeet Kumar Trivedi and Mr.SandeepKr.Dwivedi, Adv. for R-2. SI Sachin, PS Seemapuri

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R % 06.08.2024

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The present petition has been filed for quashing of case FIR No.603/2021registered under Sections 135/150 of Indian Electricity Act (Amend.) 2003 at PS Seemapuri, Shahdra District.

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As per the case of the petitioners, an inspection was conducted by a team on behalf of BSES Yamuna Power Ltd. on 27.07.2021.At the time of inspection, an extra illegal circuit was found connected to the terminals of the original meter. Therefore, it was found that the user was in direct theft of electricity by attaching an illegal circuit

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Pursuant to the inspection, an FIR No.603/2021 was registered against

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:34:09

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the petitioners under Sections 135/150 of the Indian Electricity Act (Amend.) 2003. Thereafter, the petitioners approached the respondent No. 2 for payment of the bill and claims of all their debts/compensation/fine.

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Learned counsel for the petitioner submits that after approaching respondent No.2, the petitioners received a wrong bill amount for which the petitioner had to file applications in order to seek the correct and appropriate bill amount. Learned counsel further stated that after due procedure, the correct bill was received after about fourteen to fifteen months.

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Therefore, the learned counsel submitted that in August, 2022, the full and final payment of Rs.15,55,000/- has been made. Subsequently, the respondents have issued the No Objection Certificate in favour of the petitioners.

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Both the parties submit that they have voluntarily settled the matter.

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It is settled that the inherent powers under section 482 of Cr.P.C. are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Such powers of the High Court can be exercised in matters that have been settled amicably, and therefore is not limited to matrimonial disputes only. The same has been observed in Kulwinder Singh &Ors v. State of Punjab 2007 (3) RCR (Criminal) 1052.

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In Ravi Kumar &Anr. v. State (NCT of Delhi) and Anr. CRL.M.C. 2678/2018 the High Court of Delhi was pleased to quash an FIR under Section 135 of Indian Electricity Act (Amend.) 2003 pursuant to an amicable settlement between the parties.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:34:09

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Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will. No purpose will be served in continuing with the trial.

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In view of the No objection certificate, given by the respondent, the FIR No.603/2021registered under Section 135/150 of Indian Electricity Act (Amend.) 2003 at PS Seemapuri and all the other proceedings emanating therefrom is quashed.

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The petition stands disposed of.

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DINESH KUMAR SHARMA, J

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AUGUST 6, 2024 rb/kr

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:34:09

Sh. Kishor Sharma & Anr. v. Govt. of NCT of Delhi & Anr.

Case brief

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Sh. Kishor Sharma & Anr. v. Govt. of NCT of Delhi & Anr.

Case brief

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