SALEEM AHMEDversusSTATE & ANR.

                          [2019] 10 S.C.R. 669                           669


                         SALEEM AHMED                                    A
                                  v.
                          STATE & ANR.
                 (Criminal Appeal No. 1244 of 2019)
                         AUGUST 19, 2019                                 B
               [ABHAY MANOHAR SAPRE AND
                   R. SUBHASH REDDY, JJ.]
      Code of Criminal Procedure, 1973: s.482 – Quashing of
FIR – Allegation of theft of electricity – Demand raised by the          C
respondent-Electricity Department – Dispute referred to Lok Adalat
– Dispute amicably settled between the appellant-consumer and the
Electricity Department whereby appellant required to pay certain
sum in full and final satisfaction of entire claim – The amount was
duly paid by the appellant – However, subsequently, the respondent
                                                                         D
lodged FIR against the appellant in relation to the same demand –
High Court refused to quash the FIR – On appeal, held: The dispute
was amicably settled between the parties and in the order of Lok
Adalat, no liberty was granted to the Department to file FIR against
appellant – Therefore, filing of FIR was unjust and liable to be
quashed – Electricity Act – s. 135 – Compromise/Settlement.              E
      Allowing the appeal, the Court
       HELD : 1. Once the dispute in relation to recovery of
outstanding amount was finally settled between the parties
(appellant and BSES) amicably in Lok Adalat resulting in passing
of the award in full and final satisfaction of the entire claim, there   F
was neither any occasion and nor any basis to file FIR by the
BSES against the appellant in respect of the cause which was
subject matter of an award. The remedy of the parties in such a
case was only to challenge the award in appropriate forum in case
they felt aggrieved by the award. [Paras 14, 15] [673-E-G]               G
      State of Punjab & Anr. v. Jalour Singh & Ors. (2008) 2
      SCC 660 : [2008] 1 SCR 922 ; Bhargavi Constructions
      & Anr. v. Kothakapu Muthyam Reddy & Ors. (2018) 13
      SCC 480 : [2017] 9 SCR 380 – relied on.
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                                 669
670            SUPREME COURT REPORTS                     [2019] 10 S.C.R.


A           2. The effect of passing of an award was that dispute in
      relation to the demand raised by the BSES was settled amicably
      between the parties leaving no dispute surviving. The original
      demand was for Rs.97,786/- whereas the dispute was settled at
      Rs.83,120/- in full and final satisfaction of the claim made by the
      BSES against the appellant. The dispute between the parties,
B
      therefore, came to an end f or all purposes consequent
      upon passing of an award except to the extent of recovery of
      the awarded amount of Rs.83,120/-. [Paras 16, 17] [673-G-H;
      674-A-B]
            3. The award did not contain any condition granting liberty
C     to the BSES to file an FIR against the appellant under the
      Electricity Act notwithstanding settlement of the dispute and
      passing of an award in relation to demand in question. On the
      other hand, the conditions set out in the award, in clear terms,
      record that the dispute was settled in full and final satisfaction of
D     the demand in question. The filing of FIR after passing of the
      award by the Lok Adalat was wholly unjust and illegal and the
      same was not permissible being against the terms of the award
      and also for want of any subsisting cause of action arising out of
      demand. It is, therefore, not legally sustainable. [Paras 18, 20]
      [674-C-D; F]
E
            State of Punjab & Anr. v. Jalour Singh & Ors. (2008) 2
            SCC 660 : [2008] 1 SCR 922 ; Bhargavi Constructions
            & Anr. v. Kothakapu Muthyam Reddy & Ors. (2018) 13
            SCC 480 : [2017] 9 SCR 380 – relied on.

F                            Case Law Reference
      [2008] 1 SCR 922               relied on.              Para 15
      [2017] 9 SCR 380               relied on.              Para 15
            CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
      No. 1244 of 2019.
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           From the Judgment and Order dated 05.09.2018 of the High Court
      of Delhi at New Delhi in Criminal M.C. No. 4476 of 2018.
            Anil Kumar Gautam, V. K. Sharma, Advs. for the Appellant.

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                SALEEM AHMED v. STATE & ANR.                                   671


       Sunil Fernandes, Ms. Nupur Kumar, Ms. Priyansha Indra Sharma,           A
Mohan Prasad Gupta, Ms. Sunita Sharma (for B.V.Balram Das), Advs.
for the Respondents.
      The Judgment of the Court was delivered by
      ABHAY MANOHAR SAPRE, J.
                                                                               B
      1. Leave granted.
      2. This appeal is filed against the final judgment and order dated
05.09.2018 passed by the High Court of Delhi at New Delhi in Crl.M.C.
No.4476 of 2018 whereby the High Court dismissed the petition filed by
the appellant herein.                                                          C
       3. The appeal involves a short point as would be clear from the
facts mentioned hereinbelow.
      4. The appellant is the owner of the house bearing No. F-11/75
(SF), Khasra No. 2271/4, Malviya Nagar, Khirkee Extn., New Delhi.
The appellant let out this house to respondent No. 3 (the name of              D
respondent No.3 was deleted from the array of the parties by this
Court order dated 25.04.2019) on monthly rent.
       5. On 15.12.2014, the officials of the Enforcement Department
of BSES Rajdhani Power Ltd.-respondent No. 2 herein inspected the
electricity meter installed in the aforesaid house and found that the meter    E
was not recording correct reading.
      6. On verification, the BSES made assessment in relation to the
consumption of the electricity and accordingly sent a bill for theft for Rs.
97,786/- to the appellant and respondent No. 3 because he being in
occupation of the house was found consuming the electricity supplied by        F
the BSES. The case was accordingly registered against the appellant
and respondent No.3 being case No. ID - RJ 151214SC102 (CRN No.
25201 72444/SAKET)- PLA No. 1/37/2015.
      7. On 27.02.2015, the BSES organized one Permanent Lok Adalat-
I in Lower Courts at Delhi under the provisions of Legal Services              G
Authorities Act, 1987 to settle their several recovery cases. The
appellant’s case was also fixed for settlement.
       8. By order dated 27.02.2015 (Annexure P-2), the case was
settled at Rs.83,120/- against full and final payment of the aforesaid bill
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672            SUPREME COURT REPORTS                       [2019] 10 S.C.R.


A     of Rs.97,786/-. The appellant accordingly paid Rs.83,120/- to the BSES
      in terms of the order dated 27.02.2015 in three equal installments. The
      order reads as under:
            “In this case, the petitioner had approached this Court
            for settlement with regard to DT bill amounting to
B           Rs.97,786/- based on inspection dated 15.12.2004. A
            proposal for settlement was given on behalf of the petitioner,
            which was duly recorded in the Order dated 13.02.2015.
              Sh. Rajesh Arora submits that after examining this
            proposal, the competent authority has agreed to settle this
C           bill for a sum of Rs.83,120/-. This offer has now been
            accepted by the Learned Counsel for the petitioner.
            Accordingly, it is now agreed between the parties that the
            petitioner shall deposit a sum of Rs.83,120/- in full and final
            settlement against the impugned bill of Rs.97,786/-. It is
            further agreed between the parties that the petitioner shall
D           deposit the said amount of Rs.83,120/- in three equal
            installments. The amount of the first installment shall be
            deposited by the petitioner on or before 09.03.2015, the
            amount of second installment on or before 30.03.2015 and
            the amount of third installment, on or before 30.04.2015.
E           The said amount will be deposited at Andrews Ganj office.
            It is further agreed that in case the petitioner defaults in
            making the payment of any of the installments, he shall be
            liable to make the payment of the full amount of the
            impugned bill forthwith.

F             It is further agreed that after deposit of the amount of
            first two installments, the request of the petitioner for
            release of a new connection will be processed immediately
            thereafter and new connection will be released within one
            week from the date of deposit of the second installment,
            subject to completion of concerned formalities including
G           deposit of any other outstanding amount against the
            premises in question.
              With this order, the dispute between the parties stands
            settled amicably. The said settlement has been recorded
            without any pressure, coercion or undue influence. Parties
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                SALEEM AHMED v. STATE & ANR.                                 673
                 [ABHAY MANOHAR SAPRE, J. ]

      are directed to sign this order of settlement. A copy of this          A
      order be supplied to the parties for compliance.”
       9. Despite settlement of the case and receiving the payment, the
BSES filed FIR No.548/15 against the appellant on 21.03.2015 under
Section 135 of the Electricity Act in P.S. Malviya Nagar, South Delhi in
relation to the same demand.                                                 B
      10. The appellant felt aggrieved by the registration of FIR against
him and filed a petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “the Code”) in the High
Court challenging its registration as being bad in law.
       11. The High Court, by impugned order, dismissed the petition,        C
which has given rise to filing of the present appeal by way special leave
by the appellant in this Court.
      12. Heard learned counsel for the parties.
       13. Having heard the learned counsel for the parties and on perusal   D
of the record of the case, we are constrained to allow the appeal, set
aside the impugned order, allow the petition filed by the appellant under
Section 482 of the Code and quash FIR No.548/15.
      14. In our opinion, once the dispute in relation to recovery of
outstanding amount was finally settled between the parties (appellant
                                                                             E
and BSES) amicably in Lok Adalat resulting in passing of the award
dated 27.02.2015 in full and final satisfaction of the entire claim, there
was neither any occasion and nor any basis to file FIR by the BSES
against the appellant in respect of the cause which was subject matter
of an award.
                                                                             F
      15. The remedy of the parties in such a case was only to challenge
the award in appropriate forum in case they felt aggrieved by the award.
Such was, however, not the case here. (See- State of Punjab & Anr.
vs. Jalour Singh & Ors., (2008) 2 SCC 660 and Bhargavi
Constructions & Anr. vs. Kothakapu Muthyam Reddy & Ors.,
(2018) 13 SCC 480)                                                           G
      16. In our opinion, the effect of passing of an award was that
dispute in relation to the demand raised by the BSES was settled amicably
between the parties leaving no dispute surviving. The original demand
was for Rs.97,786/- whereas the dispute was settled at Rs.83,120/- in
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674              SUPREME COURT REPORTS                         [2019] 10 S.C.R.


A     full and final satisfaction of the claim made by the BSES against the
      appellant.
             17. The dispute between the parties, therefore, came to an end
      for all purposes consequent upon passing of an award except to the
      extent of recovery of the awarded amount of Rs.83,120/-. It is not in
B     dispute that the appellant paid the awarded amount to the BSES in terms
      of the award dated 27.02.2015 and the same was also accepted by the
      BSES without any protest. The award thus stood fully satisfied.
              18. We also find that the award did not contain any condition
      granting liberty to the BSES to file an FIR against the appellant under
C     the Electricity Act notwithstanding settlement of the dispute and passing
      of an award in relation to demand in question. On the other hand, the
      conditions set out in the award, in clear terms, record that the dispute
      has been settled in full and final satisfaction of the demand in question.
      It is not in dispute that Section 152 of the Electricity Act empowers the
      officer concerned to compound the offences punishable under the
D     Electricity Act.
             19. In our view, if the BSES was so keen to file FIR against the
      appellant under the Electricity Act then either they should not have settled
      the matter through Lok Adalat or while settling should have put a condition
      in the award reserving therein their right to file FIR notwithstanding
E     settlement of the dispute in question. This was, however, not done.
             20. We are, therefore, of the considered view that the filing of
      FIR after passing of the award by the Lok Adalat was wholly unjust and
      illegal and the same was not permissible being against the terms of the
      award and also for want of any subsisting cause of action arising out of
F     demand. It is, therefore, not legally sustainable.
            21. In view of the foregoing discussion, the appeal succeeds and
      is accordingly allowed. The impugned order is set aside. As a
      consequence, the petition filed under Section 482 of the Code by the
      appellant is allowed and FIR No. 548/2015 registered in PS Malviya
G     Nagar, South Delhi against the appellant is hereby quashed.


      Devika Gujral                                                 Appeal allowed.



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