Allahabad High Court

LAKSHMI DEVIversusSTATE OF U.P. AND ANOTHER

Decided: 17 March 2026
Bench: VIVEK KUMAR SINGH

Holding

The offence was lawfully compounded under Section 152(1) of the Electricity Act, 2003, therefore the criminal proceedings under Section 135 cannot continue and are quashed.

Summary

Lakshmi Devi filed an application under Section 528 of the BNSS Rules seeking to quash criminal proceedings (S.T. No.464 of 2020) for alleged theft of electricity under Section 135 of the Electricity Act, 2003. The Electricity Department produced a letter dated 04.04.2018 showing that the offence had been compounded under Section 152(1) of the Electricity Act, with the compounding fee paid and receipt issued. The High Court held that once an offence is compounded under Section 152(1), criminal prosecution for that offence cannot proceed. Consequently, the Court found that the trial court had proceeded in ignorance of the compounding and quashed the entire proceedings. The application under Section 528 BNSS was allowed.

Issues considered

Can criminal proceedings under Section 135 of the Electricity Act, 2003 continue after the offence has been compounded under Section 152(1) of the same Act?
Did the trial court err in taking cognizance of the offence despite the department’s compounding letter?

Legislation cited

Electricity Act, 2003 — s. 135, 152(1)

Subjects

theft of electricity
compounding of offence
Section 135
Section 152(1)
Section 528 BNSS
quash of criminal proceedings
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9444 of 2026

Lakshmi Devi
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Rahul Kumar Pandey
Counsel for Opposite Party(s) : G.A., Rishu Mishra

Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.

1. Learned counsel for opposite party no.3 has produced a copy of letter
dated 04.04.2018 issued by the Executive Engineer, Vidyut Vitaran
Khand Kasya (Kushinagar), which is taken on record.

2. Heard Sri Rahul Kumar Pandey, learned counsel for the applicant, Sri
Shubhanh Shukla, Advocate holding brief of Sri Rishu Mishra, learned
counsel for the opposite party no.3/ Electricity Department as well as
learned A.G.A for the State.

3. Present application has been filed seeking to quash the entire
proceedings of the S.T. No.464 of 2020 (State vs. Lakshmi Devi and
Others) arising out of Case Crime No.67 of 2018, under Section 135 of
Electricity Act, Police Station Patherwa, District Kushinagar, pending
before the court of the learned District and Session Judge Court No.4,
Kushinagar at Padrauna and charge-sheet dated 01.05.2018 as well as
cognizance and summoning order dated 31.10.2020 passed in the
aforesaid case.

4. The main ground to challenge the chargesheet and the order passed by
the trial court is that the criminal proceedings for alleged theft of
electricity under Section 135 of the Electricity Act, 2003 cannot continue,
in as much as, criminal offence has been compounded by the electricity
department. A letter of the Executive Engineer dated 04.04.2018 has been
placed to demonstrate that the department decided to compound the
criminal offence of theft of Electricity invoking power under Section
NA528 No. 9444 of 2026
2

152(1) of the Electricity Act 2003. The said letter states that the
compounding fee had been deposited and receipts dated 26.03.2018 had
also been issued to the applicant. All these facts are admitted to the
learned counsel for the Electricity Department.

5. Considering the above, this Court finds that in view of the provisions as
contained in Section 152(1) of the Electricity Act 2003, the criminal
offence of theft of electricity being the first offence had been
compounded by the department, and hence the proceedings for theft of
electricity under Section 135 of the Electricity Act 2003 cannot continue.

6. In any case, the proceedings in the present case appear to have been
initiated by the Court in ignorance of the letter dated 04.04.2018 issued by
the Executive Engineer of the Electricity Department.

7. In view of the above, entire proceedings of the S.T. No.464 of 2020
(State vs. Lakshmi Devi and Others) arising out of Case Crime No.67 of
2018, under Section 135 of the Electricity Act, 2003, Police Station
Patherwa, District Kushinagar, pending before the court of the learned
District and Session Judge Court No.4, Kushinagar at Padrauna and
charge-sheet dated 01.05.2018 as well as cognizance and summoning
order dated 31.10.2020 passed in the aforesaid case, is hereby quashed.

8. The application under Section 528 BNSS is allowed.

(Vivek Kumar Singh,J.)
March 18, 2026
Radhika

Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad

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