Court No. - 49
Case :- APPLICATION U/S 482 No. - 46300 of 2018 Applicant :- Vikas And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Prakash Sharma,Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners and learned A.G.A for the State and perused the record.
The petitioners, through the present petition under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 24.10.2018 passed by First Additional Session Judge/ Special Judge Kushinagar at Padrauna, in Criminal Misc. Application No.349 of 2018, (Shambhu Vs.Vikas Chauhan & others).
Learned counsel for the petitioners contended that there has been some dispute between the petitioners 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 petitioners are ready to settle the dispute.
Learned AGA has disputed the contention of the learned counsel for the petitioners 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 petitioners is ready to participate for compounding the proceeding before the authorities.
Considering the submissions made by learned counsel for the parties, the petitioners are directed to file an application within three weeks from today before the Magistrate concerned for settlement of dispute of electricity dues between the petitioners and opposite party no.2. Learned Magistrate shall allow the proceeding for compounding the proceeding and shall pass appropriate orders within four weeks thereafter in accordance with law positively.
For a period of seven weeks, no coercive action shall be taken against the petitioners.
With the above direction, this application is finally disposed of.
Order Date :- 19.12.2018 N.A.