Court No. - 1
Case :- APPLICATION U/S 482 No. - 24985 of 2018 Applicant :- Deepak Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilendra Yadav,Birendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Tiwari, holding brief of Sri Birendra Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This 482 Cr.P.C Application has been filed with the prayer to quash the entire proceeding of Case No.1026 of 2016 arising out of Case Crime No. 624 of 2014 u/ss. 135, 136 Electricity Act and sections 332, 353, 504 IPC, PS. Fatehpur Sikri, District Agra pending in the Court of Special Judge, (E.C. Act) District Agra including chargesheet dated 4.1.2015 as well as cognizance order dated 30.04.2016.
Learned counsel for the applicant contended that there has been some dispute between the applicant and the Power Corporation with respect to electricity settlement dues for which the present proceeding has been filed by the Power Corporation for a malicious prosecution. The offence is compoundable and the applicant is ready to settle the dispute.
Learned AGA has disputed the contention of the learned counsel for the applicant that there has been some dispute regarding the dues in question but he may approach the authorities concern for settlement outside the Court as there is provision under Section 152 of the Electricity Act for compounding the offence to which the learned counsel for the applicant is ready to participate for compounding the proceeding before the authorities.
Considering the submissions made by learned counsel for the parties, the applicant is directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the petitioner and opposite party no.2. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within three weeks thereafter in accordance with law positively.
For a period of six weeks, no coercive action shall be taken against the applicant.
With the above direction, the present 482 Cr.P.C. Application is finally disposed of.
Order Date :- 25.7.2018 Madhurima