Mohd Aslam v. State NCT Of Delhi And ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3767/2025 & CRL.M.A. 16538/2025 MOHD ASLAM .....Petitioner Through:

Ms. Jyoti Gupta, Adv. with the petitioner in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Satish Kumar, APP for State with ASI Dev Raj Singh along with HC Ashish, PS Jafrabad.

Mr. Sanjeet Trivedi, Adv. for R-2 with AR of R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 24.09.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioner praying for quashing of FIR no. 605/2022 registered at Police Station - Jafrabad, for the offences punishable under Sections 135/138 of the Electricity Act, 2003.

2.

The allegations in the instant FIR arise from a complaint made by respondent no. 2/BSES Yamuna Power Ltd. against the petitioner. The case originated when a meter installed at the premises in question was replaced on 01.02.2020 and was suspected to be tampered. The seized meter was sent to the testing lab, which reported that there were illegal cut marks at the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

input terminals and that the meter data showed zero energy consumption despite usage. An inspection was then conducted by BSES officials, where Aslam was found as the user of electricity at the site, though the registered consumer was one Ahgan Lal.

3.

No legal meter or service line was found at the premises, which was also confirmed by neighbors, and videography was taken. The inspection team concluded that Aslam was dishonestly consuming electricity by illegal means, without authorization. It was alleged that Aslam caused wrongful loss to the complainant company. On this basis, the present FIR was registered against him.

4.

Learned counsel appearing on behalf of the petitioner submitted that the chargesheet has already been filed against the petitioner. It is submitted that the petitioner and respondent no. 2 have now settled their disputes amicably before the Lok Adalat on 28.01.2024. The petitioner has made all the pending payments on 31.01.2024 as per the bill raised by respondent no. 2, which is annexed herewith as Annexure P-4 and has obtained No Dues Certificate. Hence no dues are stated to be pending against respondent no.2. 5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed.

6.

Heard. Issue notice.

7.

Learned APP for the State and learned counsel for respondent no. 2 along with AR of respondent no. 2 in person, appear on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

8.

Heard learned counsel for the parties and perused the record. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Jafrabad. AR of respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

10.

On a query made by this Court, respondent no. 2 has categorically stated that the matter has been settled and the petitioner has paid the entire dues.

11.

Keeping in view the fact that the matter stands amicably been settled between the petitioner and respondent no. 2 amicably and there are no dues left to be paid by the petitioner, no fruitful purpose would be served by keeping the matter pending.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR no. 605/2022 registered at Police Station - Jafrabad, for the offences punishable under Sections 135/138 of the Electricity Act, 2003, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 14.

The petition along with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 24, 2025 Sk/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.