The Delhi High Court quashed an FIR registered for electricity theft under the Indian Electricity Act, 2013 after BSES categorically stated it had no objection to the FIR being quashed, indicating the parties had amicably resolved their differences. Dr. Justice Swarana Kanta Sharma observed that continuing the proceedings would create further acrimony between the parties when they had resolved their dispute of their own free will without any coercion.
The petitioner approached the High Court seeking quashing of FIR No. 358/2021 registered at Daryaganj Police Station for the commission of offences punishable under Sections 135/150 of the Indian Electricity Act, 2013. The FIR was registered following an inspection carried out on September 1, 2021, at 2:00 PM, by a joint team of BSES YPL at the premises. During the course of inspection one meter no. 70247763 reading 11311 kwh was found installed as BSES allotted consumer single phase meter but the accused was using one phase meter and other 2 phase illegally in 3 phase supply.
It was alleged that the two phase supply was illegally connected with copper wires through BSES common bus bar through FP RCCB 63 amp MCB for direct theft of supply and the total connected load was found to be 35.358 KW/NX/DT (Non Domestic). Thereafter, the present FIR was registered against the petitioner under the relevant sections of the Electricity Act. During the proceedings, the BSES representative stated no objection to quashing the FIR. Both the petitioner and the BSES representative were present and identified by the Investigating Officer.
Dr. Justice Sharma held that the parties had amicably resolved their differences and no useful purpose would be served by continuing the proceedings, which could instead lead to further acrimony. It was further observed that quashing the FIR and all consequential proceedings would be in the interest of justice, as no legal impediment existed.
Accordingly, FIR No. 358/2021, registered at Daryaganj Police Station, Delhi, for offences under Sections 135/150 of the Indian Electricity Act, 2013, along with all proceedings arising from it, were quashed.
Appearances:
Petitioner: Mr. Rohit Gupta and Mr. Netra Pal Singh, Advocates along with petitioner-in-personState: Mr. Rahul Tyagi, ASC
BSES: Mr. Sanjeet Trivedi, Advocate
