Sri A.K. Misra, learned counsel for the applicants is present. Sri Deepak Singh, learned counsel for O.P. No. 2 is also present.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the cognizance of charge sheet dated 6.12.2005 submitted by concerning police of the police station Marihan district Mirzapur against the applicant in case no. 56/06(State Vs. Akhlelshwar and others) and case Crime No. 498/05 under sections 323,504 I.P.C. and section 3(1)(10) of S.C./S.T. Act Police Station Mahihan district Mirzapur, which is pending in the court of Civil Judge( J.D.) IV Mirzapur.
It is the submission of the learned counsel for the parties that parties have agreed to a compromise. A supplementary counter affidavit was filed by O.P. No. 2 but the same is not upon the record. For placing the same upon the record order was passed by this court on 14.2.2012.
The above referred supplementary counter affidavit has still not been placed upon the record. It is the submission of the learned counsel that due to political rivalry the case was instituted and nothing was specific in the FIR. Moreover, the applicant was Pradhan at the time of incident. Due to certain misunderstanding in regard to the allotment of the house in Indira Awas Yojna this FIR was lodged. Now, the parties have agreed to a compromise and they have settled their dispute amicably and they may be allowed to live in peace as the parties are of the same village.
It is further submission of the learned counsel that the allegations are also under sections 3(1)10) of S.C./S.C. Act which is non compoundable as such compromise can not be filed before the trial court concerned.
Seeing the facts narrated above and also seeing the trivial nature of offence, suitable order in this regard can be passed.
It is directed to the court concerned to commit the case against the applicants within a month from today without insisting the applicants to get bail. The applicants will appear before the court concerned through counsel within a month from today. In case, such appearance is being made, the matter will be committed as ordered above. Within a month from committal order parties may file the compromise before the trial court concerned and the trial court will verify the compromise. In case, it is found proper and as per law, the same will also be accepted even in non compoundable sections. In case, compromise is being accepted as above, the proceedings against the applicants will stand quashed in case no. 56/06(State Vs. Akhlelshwar and others) and case Crime No. 498/05 under sections 323,504 I.P.C. and section 3(1)(10) of S.C./S.T. Act Police Station Mahihan district Mirzapur, which is pending in the court of Civil Judge( J.D.) IV Mirzapur.
Meanwhile no coercive action will be taken against the applicants.
Accordingly, the petition is disposed of.
Order Date :- 27.4.2018 N.A.