Court No. - 70
Case :- APPLICATION U/S 482 No. - 6595 of 2019 Applicant :- Sajid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Singh,Awadhesh Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Vinay Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri A. K. Saxena who has accepted notice on behalf of opposite party no.2.
The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the criminal proceedings as well as charge sheet dated 13.05.2018 and cognizance order dated 11.10.2018 in Criminal Case No. 3192/9 of 2018 arising out of Case Crime No. 156 of 2018, under Section 135 Indian Electricity Act (Amendment) 2003, PS Meerapur, District-Muzaffarnagar pending before Special Judge (E. C. Act), Mujaffarnagar.
It has been submitted on behalf of applicant that offence under Section 135 of Indian Electricity Act is compoundable offence. The applicant is ready to settle the matter with the opposite party no.2. In this regard the reliance has been placed by the learned counsel for the applicant on the decision of the Apex Court in the Case of Suresh Ganpat Halvankar Vs. State of Maharashtra and others in Criminal Appeal No. 156 of 2018 decided on 22.01.2018.
Learned counsel for the opposite party no.2 also does not dispute the aforesaid fact and the proposition of law laiddown by the Apex Court in Case of Suresh Ganpati Halvankar (supra).
Considering the above submissions advanced on behalf of parties, the present application is disposed of with the consent of the learned counsel for the parties with the following directions:-
(i) The applicant shall pay entire electricity dues as claimed up to date within a period of three weeks. In case any amount has already been deposited by the applicant, the same shall be adjusted accordingly.
(ii) Upon payment of electric dues, the applicant shall file an application within two weeks seeking compounding the offence as alleged before learned Court below and deposit the compounding charges.
(iii) Any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicants.
(iv) Upon proof of electricity dues and the compounding charges, if any, the concerned Court below shall decide the application of compounding filed by the applicant in accordance with law before proceeding further in the trial.
For a period of five weeks from today and in the event of continued compliance being made by the applicant of this order and also of the further direction that may be issued by the concerned court below, within time as may be granted by its order no coercive action shall be taken against the applicant till the disposal of compounding application of the applicant.
In the event of default on the part of the applicant, the protection being granted by this Court by this order shall stands vacated automatically.
With the aforesaid observation, this application is disposed of.
Order Date :- 22.2.2019 AKT