AJAI LAMBA, J. - (1.) THE petitioners have approached this Court for quashing FIR No. 209 dated 17.8.2002 under Sections 353, 379 and 120-B IPC, Police Station, Manimajra, U.T. Chandigarh. The FIR is appended as Annexure P-1 and shows that when the staff of electricity department had gone to check the premises of the petitioners, the meter box was found locked. Petitioner No. 1, Manjeet Sahdev refused to open the lock of the meter box and misbehaved and manhandled the staff of the electricity department to an extent that he pushed Mr. N.L. Arora, J.E. and threatened him with dire consequences. It was found that although as per the record, the electricity connection to the premises of the petitioners had already been disconnected on account of non-payment of electricity bills, the petitioners were drawing power through kundi connection. On account of this incident, a request was made to the police authorities to register an FIR against Manjeet Sahdev, petitioner No. 1, who is the owner of the house.
(2.) IT seems that subsequently, the matter between the parties was compromised and the department accepted compounding amount/fees/compensation. Memo bearing No. 2371 dated 19.8.2004 which has been addressed to the Station House Officer, Police Station, Manimajra, Chandigarh by the Sub-Divisional Officer, Electricity Operations, who is also the complainant of the FIR, has been placed on record as Annexure P-2. A reference to the relevant portion of Annexure P-2 reproduced below would show that the matter had been compromised and compensation amount to the tune of Rs. 7,300/- had been received and accepted, and thereafter, in lieu of the same, the department had taken a specific stand that they were not interested in pursuing the case and requested for filing of the case. The relevant portion of Annexure P-2 reads thus :- "In this connection, it is intimated that the accused Sh. Manjit Sahdev and Smt. Neelam Sahdev have felt sorry for their misbehaviour and manhandling with our staff/members and they have given their confession in writing with this office and have assured that such things will not be repeated. Photocopy of their confession is enclosed. The compensation amount to the tune of Rs. 7,300/- for theft of energy has also been received vide R. No. 325 and 326/46 dated 19.8.2002. Now, the Deptt. is not interest in perusing the case. The case may please be filed." Subsequently, the matter was carried before the Permanent Lok Adalat vide Case No. 17482 dated 15.1.2003 which was decided on 20.1.2003. Statement of Shri Amit Goel, SDO was again verified to the effect that they were not interested in pursuing the matter any further in view of the fact that compensation amount had been received. The award passed by the Permanent Lok Adalat is appended as Annexure P-3.
(3.) THIS factual position is not disputed by the learned counsel appearing for U.T. Chandigarh.;