VIRENDRA KUMAR SINGHVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has approached this Court by way of the instant misc. petition under Section 482 Cr.P.C. seeking quashing of the F.I.R. No. 486/2015 lodged at Police Station APT, Jodhpur City for the offences under Sections 135 and 138 of the Electricity Act, 2003.

(2.) The F.I.R. mentioned above came to be lodged by the respondent no. 2 Assistant Engineer (B-II), J.V.V.N.L., Jodhpur with an allegation that physical verification was carried out in the disputed shop at the Chopasni Housing Board and it was found that theft of electricity was being conducted therein. The meter was seized and VCR was prepared. Thereafter the petitioner was notified to deposit the amount of civil liability and the penalty amount imposed upon him by the respondents. The petitioner duly complied with the said direction and deposited the penalty amount with the respondents. It being the first offence of the petitioner, the petitioner has approached this Court seeking quashing of the above F.I.R. on the strength of provisions of Section 152 of the Electricity Act.

(3.) Learned counsel Mr. Parvej Moyal relied upon the decision of the Hon'ble Supreme Court in the case of Suresh Ganpati Halvankar v. The State of Maharashtra being I.A. No. 117535 of 2017 in Cr. Appeal No. 156 of 2018 arising out of SLP (Crl.) No. 3670/2017 decided on 22.1.2018 wherein Hon'ble Supreme Court has categorically held that the offences under Sections 135 and 138 of the Electricity Act are both compoundable by virtue of Section 152 of the Act. He thus urged that as the petitioner has deposited composition charges with the respondents, the authorities be directed to compound the offences and the F.I.R. should be quashed on the strength of such composition.