SALEEM AHMED v. STATE & Anr.

Code of Criminal Procedure, 1973: s.482 – Quashing of FIR – Allegation of theft of electricity – Demand raised by the 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 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. 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 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]