Allahabad High Court
MOHD. MOINUDDIN AJMERIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The High Court quashed the charge‑sheet, cognizance order and bailable warrant, subject to the applicant’s payment of the compounding charges and compliance with the stipulated conditions.
Summary
The applicant, Mohd. Moinuddin Ajmeri, filed an application under Section 528 of the Criminal Procedure Code seeking quash of the charge‑sheet dated 16‑12‑2018, the cognizance and summoning order dated 06‑08‑2021 and a bailable warrant dated 20‑02‑2025 in Criminal Case No.121 of 2021, which arose from an alleged offence under Section 135 of the Indian Electricity Act, 2003. The applicant expressed willingness to pay the compounding charges prescribed under the Electricity Act, and both the State’s Additional Government Advocate and the opposite party’s counsel raised no objection to the prayer. The High Court, after considering the nature of the offence and the parties’ submissions, ordered the quash of the entire proceedings subject to the condition that the applicant deposit the compounding fee within one month, file the receipt with the trial court, and obtain verification from the Electricity Department, after which the case would be closed. The court also directed that, in case of non‑compliance, the trial court may proceed with the case, and the Electricity Department may recover any outstanding dues. The application was consequently disposed of with the quash order and conditions.
Issues considered
- Whether the criminal proceedings under Section 135 of the Indian Electricity Act can be quashed under Section 528 CrPC on the ground of willingness to compound the offence.
- Whether the court may condition the quash order on the payment of compounding charges and subsequent verification.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Electricity Act, 2003 — s. 135
Subjects
- quash of criminal proceedings
- compounding of offence
- Section 528 CrPC
- Section 135 Indian Electricity Act
- bailable warrant
- charge‑sheet
- compounding charges
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 52252 of 2025
Mohd. Moinuddin Ajmeri
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abdul Mateen, Ashish Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Sri Abdul Mateen, learned counsel for applicant, learned A.G.A.
for the State and Sri Sangam Tripathi, Advocate holding brief of Sri
Baleshwar Chaturvedi, learned counsel for opposite party no.3/ Power
Corporation.
2. The instant application has been preferred for quashing the charge-
sheet dated 16.12.2018, the cognizance/ summoning order dated
06.08.2021 and bailable warrant dated 20.02.2025 issued against the
applicant as well as entire proceedings of Criminal Case No.121 of 2021
(State Vs. Mohd. Moinuddin Ajmeri) arising out of Crime No.340 of
2018, under Section 135 of Indian Electricity Act, 2003, Police Station
Kotwali Konch, District- Jalaun, pending in the court of Additional
Sessions Judge/ Special Judge (E.C.Act), District Jalaun at Orai.
3. Learned counsel for the applicant submits that the applicant is ready
and willing to deposit the compounding 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 opposite party no.3
has 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, the charge-sheet dated 16.12.2018, the cognizance/
summoning order dated 06.08.2021 and bailable warrant dated
NA528 No. 52252 of 2025
2
20.02.2025 issued against the applicant as well as entire proceedings of
Criminal Case No.121 of 2021 (State Vs. Mohd. Moinuddin
Ajmeri) arising out of Crime No.340 of 2018, under Section 135 of Indian
Electricity Act, 2003, Police Station Kotwali Konch, District- Jalaun,
pending in the court of Additional Sessions Judge/ Special Judge
(E.C.Act), District Jalaun at Orai, are hereby quashed, subject to the
following conditions:-
(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 Crime No.340
of 2018, under Section 135 of Indian Electricity Act, 2003, Police Station
Kotwali Konch, District- Jalaun shall immediately be closed and
consigned to record.
(d) In case of non-compliance, the trial court shall be at liberty to
proceed in accordance with law without reference to this Court.
(e) So far as realization of the electricity dues, the Electricity Department
shall be at liberty to realize the same in accordance with law.
6. With the aforesaid directions, the application stands disposed of.
(Vivek Kumar Singh,J.)
March 18, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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