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]
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.
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, 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 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 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]
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.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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