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Judgment
Petitioner herein seeks quashing of FIR No. 0737/2022 dated 25.12.2022, registered at Police Station Jafrabad for commission of offences under Section 135 of Indian Electricity Act, 2003, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
The petitioner is facing charge of electricity theft.
An inspection was carried out on 15.11.2022 at her premises situated at Jafrabad, Delhi.
The raiding team did not find any electricity meter installed at the abovesaid premises and the user was found indulged in direct theft through illegal means i.e. by puncturing BSES Yellow Service Cable. On the basis of such inspection, the abovesaid FIR was registered and, eventually, a chargesheet was filed against her committing said offence.
The case is at the stage of arguments on charge.
In the interregnum, however, the matter has been amicably settled and the petitioner has paid the entire dues with respect to the consumption of the electricity to the satisfaction of the service provider. Reference is made to bill generated on 26.02.2026 whereby a sum of Rs. 19,650/- has been accepted by BSES with the note that there is now nothing due with respect to the abovesaid electricity connection from the consumer concerned.
Learned counsel for respondent No.2 BSES Yamuna Power Limited has joined the proceedings through video conferencing and submits that he has instructions to not oppose to the quashing of the FIR in view of the amicable settlement of the matter.
Petitioner is present in Court and undertakes to be careful and assures that she would not indulge in any such activity in future.
Keeping in mind the overall facts of the case and the no objection given by respondent No. 2, no useful purpose would be served in continuing with the criminal proceedings emanating from the FIR in question.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the FIR.
Consequently, to secure the ends of justice, FIR No. 0737/2022 dated 25.12.2022, registered at Police Station Jafrabad for commission of offences under Section 135 of Indian Electricity Act, 2003, along with all consequential proceedings arising therefrom, is hereby quashed subject to petitioners depositing total cost of Rs. 10,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks from today. Proof of deposit of cost and the original affidavits of the parties be submitted to the learned Trial Court within further two weeks.
The petition stands disposed of in aforesaid terms.