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Supreme Court of India 2019-03-12 allowed

MUKESH CHAND vs THE STATE (NCT) OF DELHI

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

A consumer was charged with electricity theft under the Electricity Act, 2003, after BSES raised a large bill for alleged unauthorised consumption. The consumer and BSES later settled their dispute at a Special Lok Adalat for a reduced amount, with an agreement that all cases would be withdrawn. When the consumer sought to quash the FIR, the High Court dismissed the petition. The Supreme Court allowed the appeal and remanded the case, holding that the High Court failed to examine whether the Electricity Act's provisions on compounding of offences permitted withdrawal of the criminal case—a critical statutory requirement that needed fresh consideration by the High Court.

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Criminal Procedure Electricity Law Compounding of Offences Electricity Theft Lok Adalat Settlement and Withdrawal

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