SHANT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure seeks quashing of FIR No. 727 dated 15.11.1998 under Section 39 of the Indian Electricity Act, P.S. City Rohtak and all the proceedings arising out of the FIR.

(2.) THE petitioner is a resident of Rohtak, Haryana State and is a partner of M/s. Diamond Woollen Industries, Gohana Road, Rohtak, where the electricity is being used vide account No. M-S.3/2. On 15.11.1998, an FIR was lodged under Section 39 of the Indian Electricity Act on the ground that the checking party had found pilferage of the energy on the basis of the investigation on 14.11.1998. Thus, a case of theft was registered. It was found that the petitioner had pilferaged electricity to the value of Rs. 5,57,358/-. A demand was made on 15.11.1998 directing the petitioner to pay a sum of Rs. 5,70,644/- as penalty. The petitioner made the payment by demand draft. Learned Counsel for the petitioner relies on a policy decision issued by the Haryana State Electricity Board dated 12.4.1991, in which it is provided that on defaulter making payment of the compensation, no criminal proceedings can be taken against the defaulter. On payment being made, the FIR will be withdrawn and connection will be restored. If the offence is repeated, the amount of compensation will be doubled. This policy decision has been made applicable even to the earlier cases, which are pending. It is not disputed that the aforesaid policy has not been withdrawn till today. In similar circumstances this court quashed the proceedings in the case of Hem Raj Anand v. State of Haryana, 1999(1) Recent Criminal Reports 103. There are other judgments also to the same effect. In view of the above, the petition is allowed. FIR No. 727 dated 15.11.1998 and further proceedings arising therefrom are hereby quashed. Copy of this order be given dast. Petition allowed.