SHAYONA BEVERAGES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner original accused, to quash and set aside the impugned FIR dated 01/02/2007 being C. R. No. I-128/2007 with Madhya Gujarat Vij Company Ltd. Police Station, Baroda. It is also further prayed for declaring the demand of compounding amount of Rs. 7,86,600/- to be illegal and arbitrary.

(2.) TODAY when the matter is called out, learned advocates appearing on behalf of the respective parties have produced on record the correspondence between the parties, which is directed to be taken on the record. It appears from the communication dated 20th May,2009 from the Deputy Engineer of respondent No. 2 Company that compounding charge is reduced from Rs. 7,86,600/- to Rs. 1,57,320/- to be paid in one installment. It is reported that the petitioner has paid the said amount by account payee cheque dated 2nd July,2009. The petitioner has also given an undertaking on Rs. 100/- stamp paper to the effect that he agrees to pay Rs. 1,57,320/- towards compounding charge and to withdraw this Special Criminal Application.

(3.) IN view of the above, Mr. Mishra, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present application with liberty to approach appropriate authority for compounding charge.