Rekha Devi v. Bses Rajdhani Power Limited & ANR.
$~173 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 882/2024 REKHA DEVI .....Appellant Through:
Mr.
Nitin Saluja, Advocate (DHCLSC) with Mr.
Nischal Tripathi, Advocates.
versus BSES RAJDHANI POWER LIMITED & ANR .....Respondents Through:
Ms.
Kirti Garg, Advocate for BSES/respondent no.1.
Ms.
Shubhi Gupta, APP for State/respondent no.2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 18.08.2025 CRL.M.A. 24304/2025 (Seeking Release of the amount deposited with the registry of this court by appellant) & CRL.A. 882/2024 1.
By way of the present application, the applicant/appellant seeks release of the amount deposited with the Registry of this Court by her. 2.
By way of present appeal under section 415(2) of the BNSS,2023 read with section 156 of the Electricity Act, 2003 the appellant assails the judgement dated 07.08.2024 and order on sentence dated 24.08.2024 passed by the Ld. ASJ - Special Electricity Court, Dwarka Courts, New Delhi. Vide the Impugned Judgement dated 07.08.2024, the Appellant has been convicted under Section 135 of the Electricity Act and sentenced to undergo Simple Imprisonment for 1.5 years and to pay Rs. 68,054/- after adjusting Rs. 25,000/- as earlier paid by the Appellant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
This Court, vide order dated 27.03.2025, at joint request of the parties, referred them to Delhi High Court Mediation and Conciliation Centre. 4.
Learned counsel for the applicant submits that in the mediation proceedings, the parties have been able to arrive at an amicable settlement and in this regard refers to the Settlement Agreement dated 23.07.2025 which has been placed on record alongwith the present application. Learned counsel for the applicant/appellant further submits that in terms of the Settlement Agreement, the amount of civil liability has been agreed to be Rs.57,846/- instead of Rs.68,054/-. Learned counsel for the applicant further submits that an amount of Rs.25,000/- already stands deposited with the respondent no.1 and the remaining amount is Rs.32,846/-. He further submits that in compliance of the order dated 19.09.2024 passed by this Court, a sum of Rs.43,054/- has been deposited with the Registrar General of this Court.
He, upon instructions, further submits that in terms of the aforesaid settlement, a sum of Rs.32,846/- may be released in favour of the respondent no.1 and the balance amount along with accrued interest be released in favour of the applicant. Learned counsel for the appellant, on instructions, prays that in view of the above stated settlement, the offence be compounded.
5.
Learned Counsel for the respondent No.1 states that the corporation has settled the civil liabilities with petitioner No.1 of her own free will, volition and without any coercion. She further submits that she has no objection in case the offence is compounded.
6.
As per Section 152 of the Electricity Act, the offence of theft is compoundable. In view of the settlement being arrived at between the parties, and considering the no objection by respondent No.1, it is deemed to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
fit to compound the offence under Section 135 of the Electricity Act, subject to receipt of Rs. 32,846/- by respondent No.1. 7.
The appeal as well as the application is disposed of accordingly. 8.
The already scheduled date of 28.08.2025 stands cancelled. MANOJ KUMAR OHRI, J AUGUST 18, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.