Case :- APPLICATION U/S 482 No. - 16321 of 2019 Applicant :- Hari Taneja And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 24336 of 2017 (State vs. Hari Taneja etc), in Case Crime No. 1048/2016, under Sections- 507 and 506 of IPC, P.S.- Sector-39 Noida, District Gautam Budh Nagar.
It has been argued by learned counsel for the applicants that the alleged dispute is between the husband and wife. The applicants are relatives of the wife and both the husband and wife have entered into a compromise and have agreed to quash all pending criminal proceedings. A copy of settlement dated 12.07.2018 has been annexed as Annexure-5 to the application.
Learned A.G.A. has opposed the application.
From the perusal of the record, it appears that the charge-sheet against the applicants have been filed only under Section 506 of IPC which is a compundable offence, thus, the applicants have alternative remedy of compromise before the trial court in accordance with Section 320 of Cr.P.C. In view of these facts, the parties may file the compromise before the trial court and thus, no case for quashing the proceedings by exercising jurisdiction under Section 482 Cr.P.C. is made out.
However, the learned trial court is directed that if the parties file the compromise before the court, the same shall be dealt with in accordance with law and appropriate order shall be passed thereon.
Order Date :- 25.4.2019 A. Tripathi