Heard learned counsel for the applicants and learned A.G.A. for the State.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash non-bailable warrants order dated 25.03.2019 passed by the learned Chief Judicial Magistrate, Jalaun in Complaint Case No. 4915 of 2017 (Santosh Kumar Gupta vs. S.I. Jitendra Singh and others), under Sections 323, 342, 504 and 506 I.P.C, P.S. Kadaura, District Jalaun.
It has been argued by the learned counsel for the applicants that the impugned complaint was filed making false and baseless allegations and that now both the parties have amicably settled the dispute and compromised the matter and thus, the proceedings may be quashed on the basis of compromise between the parties.
Learned counsel for the respondent no.2 has also stated that both the parties have compromised the matter and thus, the proceedings of impugned case may be quashed on the basis of compromise.
Learned A.G.A. has submitted that it is second 482 application and first order of this Court has not been complied.
Perusal of record shows that earlier applicant no.1 has filed an application under Section 482 Cr.P.C for quashing of summoning order dated 20.02.2018 and proceedings of the impugned case and that application was decided by this Court vide order dated 19.06.2020, passed in application u/s 482 Cr.P.C. no. 6865 of 2020 and that prayer of applicant for quashing was refused but he was granted interim relief that in case he surrenders before the Court below within two months, no coercive process shall be taken against him for a period of two months or till applicant appears before the Court below, whichever is earlier. However, it appears that the said order has not been complied with by the applicant and now this second application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 25.03.2019 by which non-bailable warrants have been issued. No illegality or perversity could not be shown in the impugned order. There is nothing to indicate any abuse of process of Court or miscarriage of justice so as to require any interference by this Court in exercise of process under Section 482 Cr.P.C.
So far this contention is concerned that both the parties have compromised the matter, it may be stated that offences in question are compoundable offences and that if parties have compromised the matter, they may file the compromise before the Court below in accordance with law and in such eventuality, the application be decided in accordance with law.
With the aforesaid observations, the instant application is dismissed.
Order Date :- 27.1.2021 A. Tripathi