Court No. - 45
Case :- APPLICATION U/S 482 No. - 44704 of 2018 Applicant :- Smt. Anju Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.,Mahesh Sharma
Hon'ble Siddharth,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicants,learned AGA for the State and Sri Vijay Bhadur Singh, learned Senior Advocate, assisted by Sri Mahesh Sharma, learned counsel appearing on behalf of opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet no.184 of 2018 dated 02.06.2018 in Criminal Case No.3179 of 2018 (State of U.P. Vs. Anju Singh and others) arising out of Case Crime No.57 of 2018, Under Sections 420, 406, 467, 468, 471, 506, 120-B I.P.C., Police Station Phase-II, Gautam Buddh Nagar, District Gautam Budh Nagar.
Learned counsel for the applicants submits that the co- accused Ankur Taotia has entered into compromise with the informant vide Application U/S 482 No.43432 of 2018 and has further submitted that the dispute regarding the parties is purely of civil nature. Charge-sheet has wrongly been submitted by the Investigating Officer, whereon cognizance has been taken by the Court below without application of mind.
Per contra, learned counsels for the opposite party no.2 has stated that this is not the case of civil nature rather it has a case of criminal nature as per allegation made in the first information report and offence against the applicants alleged in the first information report has been found to be proved.
In that view of the matter, it is open for the applicants to move discharge application through counsel before the Court below within a period of one month from today and the same shall be decided within a period of one month thereafter from the date of production of a certified copy of this order along with application.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
With the aforesaid directions, application stands disposed of.
Order Date :- 19.12.2018 SS