Neutral Citation No. - 2025:AHC:106577 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20034 of 2025 Applicant :- Dara Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Mishra,Om Prakash Pathak Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Mr. Ishan Mishra, Advocate holding brief of Mr. Manu Ghildyal, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Criminal Case No.970 of 2024 (State vs. Dara Singh) arising out of Case Crime No.0474 of 2021, under section 138(1)(b) of Electricity Act, P.S. Anti Power Theft, District- Auraiya, pending in the court of learned Additional District and Session Judge, Auraiya including charge-sheet dated 13.06.2024 and cognizance taking order dated 10.09.2024. 3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings. 4. Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by the applicant's counsel. 5. In view of the submissions made by both the parties and considering the nature of offence, the entire proceedings in shape of Criminal Case No.970 of 2024 (State vs. Dara Singh) arising out of Case Crime No.0474 of 2021, under section 138(1)(b) of Electricity Act, P.S. Anti Power Theft, District- Auraiya, pending in the court of learned Additional District and Session Judge, Auraiya including charge-sheet dated 13.06.2024 and cognizance taking order dated 10.09.2024, are hereby quashed, subject to the following conditions:- (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of 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) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case Crime No.0474 of 2021, under section 138(1)(b) of Electricity Act, P.S. Anti Power Theft, District- Auraiya shall immediately be closed and consigned to record. (d) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law. (e) So far as realization of the electricity dues, the Electricity Department shall be at liberty to realize the same in accordance with law. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad