SALEEM AHMED versus STATE & ANR.

SALEEM AHMED versus STATE & ANR.

Because the parties amicably settled the demand in Lok Adalat by an award recorded as full and final satisfaction and the appellant paid and the award was accepted, there was no subsisting cause of action to warrant registration of FIR No.548/2015; filing of the FIR after the award was unlawful and the FIR is to be quashed.

Parties
Appellant: Saleem Ahmed; Respondent: State; Respondent: BSES Rajdhani Power Ltd.
Jurisdiction
India
Judgment Date
19 August 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Under Section 482 Cr PC
Outcome
Appeal allowed; impugned High Court order set aside; FIR quashed.
Legal Topics
Quashing of FIR, Lok Adalat Award, Settlement/compromise, Section 482 Cr PC, Section 135 Electricity Act, Section 152 Electricity Act
Criminal Procedure Electricity Law Alternative Dispute Resolution Quashing of FIR Lok Adalat Award Settlement/compromise Section 482 Cr PC Section 135 Electricity Act +1 more

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Parties

Saleem Ahmed

Appellant

State

Respondent

BSES Rajdhani Power Ltd.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Under Section 482 Cr PC

Legal Issues

  1. 1 Whether an FIR filed after an amicable settlement in Lok Adalat and payment of the awarded amount can be sustained
  2. 2 Whether a Lok Adalat award in full and final settlement precludes filing of criminal proceedings in respect of the same demand
  3. 3 Whether the petition under Section 482 CrPC to quash the FIR is maintainable in these circumstances

Ratio Decidendi

Because the parties amicably settled the demand in Lok Adalat by an award recorded as full and final satisfaction and the appellant paid and the award was accepted, there was no subsisting cause of action to warrant registration of FIR No.548/2015; filing of the FIR after the award was unlawful and the FIR is to be quashed.

Court Disposition

Appeal allowed; impugned High Court order set aside; FIR quashed.

Orders

  • The impugned order dated 05.09.2018 of the High Court of Delhi in Crl.M.C. No.4476 of 2018 is set aside.
  • The petition filed under Section 482 CrPC by the appellant is allowed.