Neutral Citation No. - 2025:AHC:123386 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24905 of 2025 Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Nath Tiwari,Prabhat Kumar Singh Counsel for Opposite Party :- Abhishek Srivastava,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Shardul Agrahari holding brief of Sri Abhishek Srivastava, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing charge- sheet no. 414 of 2021, dated 16.11.2021 as well as entire criminal proceeding of Special Case no. 26 of 2023 (State vs. Devendra) arising out of Case Crime no. 190 of 2020 under Section 135(1)(a) of Indian Electricity Act (Amendment), 2003, PS- Anti-Power Theft, District Gautam Buddha Nagar as well as cognizance and summoning order dated 22.09.2022 passed by Additional District & Sessions Judge-4th/Special Judge, POCSO-II, District Gautam Buddha Nagar in Special Case no. 26 of 2023. 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, instant application is hereby disposed of with following directions: (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 Special Case no. 26 of 2023 (State vs. Devendra) arising out of Case Crime no. 190 of 2020 under Section 135(1)(a) of Indian Electricity Act (Amendment), 2003, PS- Anti-Power Theft, District Gautam Buddha Nagar shall immediately be closed only in respect of applicant herein 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 are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law. Order Date :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad