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High Court of Punjab and HaryanaCRM-M/35805/2021allowed

Narinder Pal Singh v. State Of Punjab And Others

2021-09-09Mr. Justice Harsimran Singh Sethi2 pages

CRM-M-35805-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (228) CRM-M-35805-2021 Date of decision: - 09.09.2021 Narinder Pal Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Ms. Harshmir Kaur Swaitch, Advocate, and Mr. Narinder Singh Swaitch, Advocate, for the petitioner. Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab. Ms. Swati Dayalan, Advocate, for respondent No.2. ( Through Video Conferencing ) *** HARSIMRAN SINGH SETHI, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C for quashing of FIR No.868 dated 01.08.2017, registered under Section 135 of the Electricity Act, 2003, at Police Station APT, Ludhiana by virtue of Sections 135 and 152 of the Electricity Act, 2003. Learned counsel for the petitioner argues that petitioner has not only deposited the entire amount assessed by the respondentCorporation, but also the compounding fee of Rs.20,000/- and therefore, the continuance of the proceedings under the above-said FIR may kindly be quashed.

Learned counsel for respondent No.2 submits that she has received a letter dated 03.09.2021 and she conceded that the amount in question along with the compounding fee has already been deposited by NARESH KUMAR 2021.09.09 17:37 I attest to the accuracy and integrity of this document

CRM-M-35805-2021 -2the petitioner and the respondent-Corporation does not have any objection in case the present FIR is quashed. I have heard learned counsel for the parties and have gone through the record with their able assistance. Once, the petitioner has already deposited the amount assessed by the respondent-Corporation along with the compounding fee, the offence already stands compounded by the competent authority. Further, as the said offence has already been compounded, the continuance of the proceedings initiated in respect of above-said FIR will serve no purpose.

Learned counsel appearing on behalf of the respondentCorporation has no objection in case the prayer of the petitioner for quashing of the FIR is accepted.

Thus, FIR No.868 dated 01.08.2017, registered under Section 135 of the Electricity Act, 2003, at Police Station APT, Ludhiana by virtue of Sections 135 and 152 of the Electricity Act, 2003 and all other subsequent proceedings arising therefrom are quashed qua the petitioner.

The above order, quashing of the FIR, will be subject to the payment of Rs.10,000/- as costs, to be deposited with Prabh Asra, Bank Account No.014894600000970, Yes Bank Branch, SCO 151/152, Sector 9-C, Chandigarh by the petitioner.

( HARSIMRAN SINGH SETHI ) September 09, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2021.09.09 17:37 I attest to the accuracy and integrity of this document