Court No. - 86
Case :- APPLICATION U/S 482 No. - 8302 of 2006 Applicant :- Juber Ahmad And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.N. Singh,R.P. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Kumar,J.
Heard Sri R.P. Srivastava, learned counsel for the applicants and learned A.G.A. appearing for State of U.P.-opposite party no.1 and perused the material placed on record.
Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash further proceedings of Criminal Complaint Case No.83/11 of 2004 (Smt. Shahida Khatun Versus Sagir Ahmad and others) under Sections 323, 324, 452, 504 and 506 I.P.C., pending in the Court of Additional Chief Judicial Magistrate,Court No.9, Basti and also quash the orders dated 06.01.2004 and 28.07.2005 passed in aforesaid case.
Learned counsel for the applicant has argued that the applicants are aged above 70 years. The matter pertains to offences under Sections 323, 324, 452, 504 and 506 I.P.C. Offences are compoundable and the applicants desire to settle the issue amicably. Present case is covered under Category-A (a) of the judgement of Hon'ble Apex Court rendered in Petition(s) for Special Leave to Appeal (Crl) No(s). 5191 of 2021 (Arising out of impugned final judgement and order dated 01.07.2021 in CRMABA No.7598/2021 passed by the High Court of Judicature at Allahabad) (Satender Kumar Antil Versus Central Bureau of Investigation and another). Thus this case may be disposed of with the permission to the applicants to appear through counsel before court concerned.
In view of above, the applicants are at liberty to appear in person or through counsel before competent court, who shall pass appropriate orders in accordance with law, considering the factum of settlement as early as possible.
In any event, if settlement between the parties does not take place, the law will take its own course.
With the aforesaid observation, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 28.10.2021 MN/-