Quashed

Anshul Aggarwal v. the State Govt of NCT of Delhi & Anr.

Delhi HC4 Sept 2024CRL.M.C./6957/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR for theft of electricity. The court noted the dispute was settled with payment made and a No Dues Certificate issued by the respondents. Holding continued proceedings unnecessary, the FIR and all related proceedings were quashed.

What did the court decide?

Quashed FIR no. 0361/2023 and all other proceedings emanating therefrom.

Anshul Aggarwal Vs the State Govt of NCT of Delhi & Anr. — Delhi HC (2024) — LawSathi Research

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6957/2024

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ANSHUL AGGARWAL .....Petitioner

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Through: Mr. Harshit Shishodia, Mr. Avdesh Kumar, Mr. Lalit Tyagi, Mr. Deepak Shah, Advs., petitioner in person

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State with SI Kavish Rana, PS Laxmi Nagar, Delhi

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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

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% 04.09.2024

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CRL.M.A. 26571/2024 (exemption)

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Exemption is allowed subject to all just exceptions.

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CRL.M.C. 6957/2024

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The present petition has been filed for quashing of FIR no. 0361/2023 dated 15.07.2023 under Section 135 of Indian Electricity Act (Amend.), 2003, registered at PS Laxmi Nagar.

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The present case was registered on the statement of respondent no. 2.

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Briefly stated the facts of the matter is that, on 07.06.2023, a joint inspection was conducted by the BSES Yamuna Power Ltd. team at D-138B, Gali No. SA, Laxmi Nagar, Delhi-110094, where it was discovered that the accused, Anshul, had been engaged in the direct theft of electricity using

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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 10/09/2024 at 12:11:40

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an illegal aluminum cable connected to the distribution box. No authorized electricity meter or source had been found on the premises, and the total connected load was 1.119 kW, which was being used for non-domestic purposes. The inspection was documented with videography, and a seizure memo was prepared, but the accused’s representative refused to sign the reports or accept the advisory notice. The company had assessed a demand of Rs. 86,661/- as per DERC guidelines, which had not been paid by the accused.

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However, during the pendency of the case, the disputes between the petitioner and the respondent no. 2 have been settled. Petitioner had made a payment of Rs. 10,700/- to the Respondent no. 2 against which the respondent no. 2 issued a No Dues Certificate and accordingly the matter was settled between the parties.

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The respondent no. 2 has issued no dues letter dated 17.08.2023. It is further submitted that since the matter has been voluntarily settled between the parties on 17.08.2023, Respondent no.2 has no objection if the FIR no. 0361/2023 under Section 135 of Indian Electricity Act (Amend.), 2003, registered at PS Laxmi Nagar is quashed.

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Since the matter between the parties has been compromised and respondent does not want to pursue its complaint any further, there would be no purpose in continuing with the present proceedings.

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In view of the above, FIR no. 0361/2023 dated 15.07.2023 registered under Section 135 of Indian Electricity Act (Amend.), 2003, at PS Laxmi Nagar and all the other proceedings emanating therefrom are quashed.

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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 10/09/2024 at 12:11:40

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The present petition along with all the pending applications stand disposed of.

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DINESH KUMAR SHARMA, J

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SEPTEMBER 4, 2024 Pallavi /NA

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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 10/09/2024 at 12:11:40

Anshul Aggarwal v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Anshul Aggarwal v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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