HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6964 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned counsel for the Electricity Department, learned A.G.A. for the State and perused the material placed on record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the order dated 11-04-20-23 passed in Case No. 1563 of 2023(State Vs Raju), arising out of Case Crime No. 254 of 2016, under section 135 of the Electricity Act, Police Station-Banthara, District-Lucknow. 3. Contention of learned counsel for the applicant is that the applicant was not involved in committing any offence, though the first information report under section 135 of the Electricity Act,2003, has been lodged against him. He added that after lodging of the first information report, the applicant has deposited the compounding fee, amounting to Rs. 16,000/-, which has been received vide receipt dated 25-11-2016. 4. He argued that the provisions of Section 152 of the Electricity Act, 2003, mandates that once; in a case of electricity theft, the consumer deposits the compounding fee, no criminal case shall proceed. Section 152 of the Electricity Act, 2003, reads as under :- Versus Counsel for Applicant(s) : Lokendra Kumar Gupta, Mirza Humayun Qadar, Ravendra Pratap Singh Counsel for Opposite Party(s) : G.A., Abhijat Pratap Singh, Rajesh Kumar Dubey Rajesh Kumar Verma .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And 2 Others .....Opposite Party(s) "152. Compounding of offences.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence as specified in the Table below: TABLE Nature of Service : Rate at which the sum of money for compounding to be collected per Kilowatt (KW)/Horse Power (HP) or part thereof for Low Tension (LT) supply and per Kilo Volt Ampere (KVA) of contracted demand for High Tension (HT) (1) (2) 1. Industrial Service twenty thousand rupees; 2. Commercial Service ten thousand rupees; 3. Agricultural Service two thousand rupees; 4. Other Services four thousand rupees: Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above. (2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court. (3) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974). (4) The compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer." 5. Therefore, submission of learned counsel for the applicant is that the criminal proceedings against the applicant may be quashed. 6. Sri Amit Kumar Dwivedi, learned counsel appearing for the Electricity Department/opposite party no. 3, on the basis of instructions, submits that A482 No. 6964 of 2025 2 the compounding fee has been deposited admittedly by the applicant. He added that as per the instructions, the final assessment amount, amounting to Rs. 2,78,542/- is still to be paid by the consumer/applicant. 7. In support of his contentions, he has placed a copy of the instructions dated 29-08-2025 before this court, which is taken on record and that shall be the part of record. 8. Considering the submissions of learned counsel for the parties and after perusal of record, it transpires that after the first information report was lodged under section 135 of the Electricity Act,2003, the applicant has deposited the compounding fee of Rs. 16,000/-, which is an admitted fact in between the parties. 9. So far as the payment of amount arising out of final assessment is concerned, that is a civil proceeding; in nature and the recovery, if any, can be made under the relevant provisions of the Act, 2003. 10. Therefore, the criminal proceedings arising out of Case Crime No. 254 of 2016, under section 135 of the Electricity Act, is hereby quashed. 11. Application is allowed. 12. Consequences to follow. 13. Consigned to record. September 4, 2025 AKS A482 No. 6964 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench