Court No. - 72
Case :- APPLICATION U/S 482 No. - 24842 of 2018 Applicant :- Kali Charan @ Hari Babu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.,Dhirendra Bahadur Singh
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today on behalf of applicants is taken on record.
Heard Shri Kamlesh Kumar Dwivedi, learned counsel for the applicants, learned A.G.A. for the State and Shri Dhirendra Bahadur Singh, learned counsel for O.P. No.2.
Present application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of S.T. No. 480 of 2012 State vs. Kali Charan @ Hari Babu and others (arising out of Case Crime No. 681A of 2010) under Section 452, 323, 504 IPC, P.S Etmaddaula District Agra pending in the Court of learned Additional Session Judge, Court no. 9, Agra.
The matter has already been settled between the parties. O.P. No.2 has no objection in case impugned prosecution is quashed. However, the Magistrate does not have the power to drop the proceedings on the basis of a compromise between the parties as some of the offences involved are non compoundable.
In the supplementary affidavit certified copy of the compromise has been appended as Annexure SA-2 and the same was verified on 28.8.2018 by Additional District and Session Judge, Court No.9, Agra.
On the basis of compromise, it has been prayed by learned counsel for the applicants that the proceedings be quashed keeping in mind the law laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 in which it was held that the matter can be compromised in non compoundable cases.
In view of above, proceedings of the aforesaid case are quashed. The application stands allowed.
Order Date :- 26.7.2019 T. Sinha