Court No. - 64
Case :- APPLICATION U/S 482 No. - 36209 of 2019 Applicant :- Ashwani Goel And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Shekhar Chaudhary,Vishal Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Supplementary affidavit filed on behalf of the applicants today in Court is taken on record. Syed Imran Ibrahim, Advocate filed his vakalatnama on behalf of opposite party no.2 today in Court, which has also been taken on record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 1.8.2019 passed by the Chief Judicial Magistrate, Moradabad in Case No. 5389 of 2018, arising out of Case Crime No. 1385 of 2017, State versus Rahul Rohan Agarwal and others, under Sections 406 and 420 I.P.C., P.S Majhola, District Moradabad.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The quashing of the impugned order or the proceedings has been sought on the basis of some alleged compromise in between the parties. Learned counsel appearing for opposite party no.2 submits that though the process of negotiation is going on but the conditions of compromise have not been fulfilled yet and it is not very sure whether the accused- applicants shall certainly fill-up the conditions or back-out from them and, therefore, at this stage they do not give their consent for quashing of the proceeding as such. It has also surfaced during the course of submissions made by the counsel that the applicants have not submitted to the jurisdiction of the Court first and have not obtained bail. The applicants must submit to the jurisdiction of the Court and apply for bail before the court concerned in accordance with law.
In such circumstances, this application seeking quashing of the impugned order or the proceeding deserves to be clearly premature on the basis of compromise.
The application therefore, stands dismissed.
Order Date :- 30.9.2019 CPP/-