Court No. - 64
Case :- APPLICATION U/S 482 No. - 28139 of 2019 Applicant :- Jeetpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of entire proceeding of Case No. 265 of 2019 (State Vs. Jeetpal), under Sections 279, 338, 304-A and 427 I.P.C., Police Station Zareef Nagar, District Budaun, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate Sahaswan, District Budaun as well as Charge Sheet No.401 of 2018 dated 16.12.2018, arising out of Case Crime No.320 of 2018 on the basis of compromise between the complainant and the applicant.
Heard learned counsel for the applicant.
It has been submitted that matter has been mutually compromised in between the parties and therefore, the proceedings should be quashed on that basis as the complainant has no objection regarding the same.
Heard A.G.A. and perused the record.
Perusal of record shows that the nature of offence involved in the present case is a graver one and it does not appear to be a case in which this Court should come forward to exercise its inherent jurisdiction to quash the proceedings and scuttle the trial. The fate of the case must be decided through proper trial on the basis of the evidence that may be adduced during the course of trial.
Therefore, the application lacks merit and is, accordingly, dismissed.
However, in the facts and circumstances of the case the lower court concerned is directed to expedite the proceeding of the aforesaid case at the earliest without granting any unnecessary adjournment to either of the parties unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
Order Date :- 25.7.2019 P.S.Parihar