Court No. - 43
Case :- APPLICATION U/S 482 No. - 31849 of 2018 Applicant :- Anil Bakshi Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Anil Mullick Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri Anil Mullick, learned counsel for the applicant, Sri Mukesh Kumar Kushwaha, learned AGA for the State and Sri Om Narain Pandey, learned counsel representing opposite party nos.2 to 5.
The applicant-Anil Bakshi is the first informant of Case Crime No.328 of 2016, P.S.- Partapur, District- Meerut, under Sections- 420, 386, 504 and 506 IPC in which opposite party nos.2 to 5 are the accused. On the said FIR, after investigation, charge sheet was submitted. It appears that now the parties have settled their score outside the Court as the dispute is matrimonial dispute between the son of the applicant and opposite party no.5, who is daughter of opposite party no.2.
Before the Court below, the applicant moved an application dated 14.09.2017 praying for disposal of their compromise matter, for which appropriate direction has also been obtained from the High Court. The learned Magistrate by order dated 13.08.2018 rejected the said application on the finding, firstly, that Section 386 IPC could not be compounded under Section 320 of the Cr.P.C. and secondly, on the date fixed, the parties were not present.
Challenging the said order, present application under section 482 Cr.P.C. has been filed. Learned counsel for the applicant has also placed before the Court the certified copies of the Application and affidavit filed by the applicant before the Court below for consideration, the same are taken on record.
Learned counsel for the applicant and Sri Om Narain Pandey, learned counsel representing opposite party nos.2 to 5 have prayed that this application may be allowed in view of the developments that have taken place.
Considering the facts and circumstances of the case and also to secure the ends of justice so that parties do not suffer any further, nor valuable time of the Court is wasted, application is allowed.
The impugned proceedings pending in the form of Case No.3257 of 2016 (State Vs. Avni Kumar and others) arising out of Case Crime No.328 of 2016, under Sections 420, 386, 504 and 506 IPC, P.S.- Partapur, District Meerut are hereby quashed.
Order Date :- 12.10.2018 RPS