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High Court of DelhiCRL.M.C./6957/2024

Anshul Aggarwal v. The State Govt Of NCT Of Delhi & ANR.

2024-09-04Hon'Ble Mr. Justice Dinesh Kumar Sharma3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6957/2024 ANSHUL AGGARWAL .....Petitioner Through:

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

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 04.09.2024 CRL.M.A. 26571/2024 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 6957/2024 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.

The present case was registered on the statement of respondent no. 2. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

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.

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.

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. 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

DINESH KUMAR SHARMA, J SEPTEMBER 4, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.