Case Note & Summary
The appellant, Mukesh Chand, was a consumer of electricity who obtained a connection from BSES Rajdhani Power Limited for his business premises. BSES sent a bill of Rs. 3,54,598.21 on 22.09.2014 alleging theft of electricity. Upon non-payment, BSES filed an FIR under Section 135 of the Electricity Act, 2003 and issued a notice under Section 41 CrPC. The parties settled the matter in a Special Lok Adalat on 11.02.2018 for a total sum of Rs. 1,60,000, which the appellant paid in two instalments. The appellant then filed a petition under Section 482 CrPC in the Delhi High Court seeking quashing of the FIR. The High Court dismissed the petition, leading to the present appeals by special leave. The Supreme Court heard arguments from both sides. The appellant contended that the settlement required BSES to withdraw all cases, while BSES argued that the issue must be decided under Section 152 of the Act. The Supreme Court found that the High Court did not examine the issue in light of Section 152, which deals with compounding of offences. Therefore, the Court allowed the appeals, set aside the impugned order, and remanded the case to the High Court for fresh consideration in accordance with Section 152 of the Act, without expressing any opinion on the merits.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC read with Section 152 Electricity Act, 2003 - Compounding of Offences - The appellant sought quashing of FIR under Section 135 Electricity Act after settlement in Lok Adalat - High Court dismissed petition without considering Section 152 - Supreme Court remanded for fresh consideration in light of compounding provisions - Held that the High Court must examine the issue afresh keeping in view Section 152 of the Act (Paras 13-15).
Issue of Consideration
Whether the High Court should have examined the quashing of FIR under Section 482 CrPC in light of Section 152 of the Electricity Act, 2003 which deals with compounding of offences
Final Decision
Appeals allowed; impugned order set aside; case remanded to High Court for fresh consideration in light of Section 152 of the Electricity Act, 2003
Law Points
- Compounding of offences under Section 152 of the Electricity Act
- 2003 must be considered before quashing FIR under Section 482 CrPC
