Pushpa v. State(Govt. Of NCT Delhi) & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 789/2023 & CRL.M.A. 25382/2023, CRL.M.A. 25383/2023, CRL.M.(BAIL) 1313/2023 PUSHPA .....Appellant Through:
Mr. Ashutosh Kaushik, (DHCLSC), Adv.
versus STATE(GOVT. OF NCT DELHI) & ANR.
.....Respondent Through:
Mr. Aashneet Singh, APP
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 19.02.2025 1.
This is an appeal filed under Section 374(2) of Cr.PC read with Section 156 of Electricity Act, 2003 seeking setting aside of the judgment and order of sentence and civil liability dated 23.08.2016 passed by the learned ASJ, Saket Courts, New Delhi in CC No. 304/2012 whererin the learned Trial Court convicted the appellant for offences under Section 135 and 150 of Electricity Act, 2003 and sentenced to 3 months of simple imprisonment and a fine of Rs. 1,44,429/- and civil liability to the tune of Rs. 96,286. 2.
During the pendency of the appeal, the parties have arrived at a settlement before the Delhi High Court Mediation Centre, wherein it has been agreed that the petitioner shall pay a sum of Rs. 84,000/- towards the civil liability in place of Rs. 96,286/-. The amout of Rs. 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 04/03/2025 at 12:10:35
84,000 shall be paid in 24 equal monthly installments of Rs. 3,500/- per month staring from 20.03.2025.
3.
The counsel for the respondent No. 2 is present in Court today and confirms the said settlement.
4.
The offences under Section 135 of Electricity Act, 2003 is compoundable if the civil liability is paid. In the present case, the petitioner and the respondents have agreed to settle the civil liability. In view of the settlement and binding the appellant to the same, the offence under Section 135 of the Electricity Act, 2003 stands compounded.
5.
Since the offence is compounded, the impugned judgment dated 23.08.2016 is set aside.
6.
In case the installment is not paid in accordance with the settlement, the respondent No. 2 is entitled to revive the appeal. 7.
The appeal is allowed and disposed of in aforesaid terms. JASMEET SINGH, J FEBRUARY 19, 2025/sp Click here to check corrigendum, if any 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 04/03/2025 at 12:10:35