Court No. - 86
Case :- APPLICATION U/S 482 No. - 7690 of 2021 Applicant :- Manju And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Saxena Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding of Complaint Case No. 794 of 2019 (Vijay Kumar Vs. Manju and Others), as well as summoning order dated 26.8.2019, under Section 379 IPC, Police Station- Amratpur, District-Farrukhabad, pending in the Court of Additional Chief Judicial /Civil Judge (Senior Division) Farrukhabad. Further prayer to stay the further proceedings of the aforesaid case has also been made.
Learned counsel for the applicants submits that the parties have entered into compromise but there is nothing on record for establishing the same.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C. I do not find any substance in the arguments advanced by learned counsel for the applicant.
However the applicant is at liberty to move a proper application before the Trial Court which shall be decided by the Trial Court as expeditiously as possible in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 16.8.2021/S.Verma