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Neutral Citation No. - 2025:AHC:35179 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7930 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Tiwari,Krishna Dev Mishra Counsel for Opposite Party :- G.A.,Tarun Agrawal Hon'ble Vinod Diwakar,J.
1. Heard the learned counsel for the applicant, the learned A.G.A. for the State, Shri Tarun Agarwal , learned counsel for the Electricity Department, and perused the record.
2. The present application under Section 482 of the Cr.P.C. has been filed seeking quashing of charge-sheet dated 29.07.2021 alongwith cognizance order dated 21.09.2022 passed by 4th Additional District and Sessions Judge/POCSO-2, Gautam Buddha Nagar as well as entire proceedings of Special Case No. 1500 of 2022, titled State v. Sandeep, arising out of Case Crime No. 175 of 2021, under Section 135 of Electricity Act, registered at P.S. Knowledge Park, District Greater Noida (Commissionerate Gautam Buddha Nagar).
3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.
4. Learned counsel for the Electricity Department has no objection to the prayer made by the applicant's counsel.
5. In view of the submissions made by both parties and considering the nature of the offense, the entire proceedings in Special Case No. 1500 of 2022, titled State v. Sandeep, arising out of Case Crime No. 175 of 2021, under Section 135 of
Electricity Act, registered at P.S. Knowledge Park, District Greater Noida (Commissionerate Gautam Buddha Nagar), including charge-sheet dated 29.07.2021 alongwith cognizance
order dated 21.09.2022, are hereby quashed, subject to the following conditions: (a) The applicant shall deposit the compounding charges with the Electricity Department within one month from the date of receipt of a copy of this order. (b) Upon payment, the applicant shall file a copy of the payment receipt before the trial court. The trial court shall thereafter verify the same from the Electricity Department. (c) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law.
6. With the aforesaid directions, the application stands disposed of.
Order Date :- 11.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad