Court No. - 73
Case :- APPLICATION U/S 482 No. - 16289 of 2019 Applicant :- Mansoor Ali Alias Pappu And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, Sri Bhaskar Bhadra, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of criminal case no. 10056/2015 arising out of NCR No. 194/2014, under Sections 323, 504, 506 IPC, P.S. Izzatnagar, District Bareilly on the ground that the parties have already compromised the matter.
The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Further contention is that both the parties have compromised the matter and they are willing that the proceedings of the aforesaid case may be quashed on the ground of compromise. It has further been contended that the chargesheet has been filed under Sections 323, 504, 506 IPC, which are all compoundable offences.
Learned counsel for opposite party no. 2 has also admitted that the parties have already compromised the matter.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion, that as the alternate remedy of compounding the matter under Section 320 Cr.P.C. before the trial court is available to the parties, thus, no case for interference by this Court in exercise of inherent power conferred under 482 Cr.P.C. is made out.
However, learned trial court is directed that if the parties file the compromise before the court concerned, the same shall be dealt with in accordance with law and an appropriate order will be passed by the court concerned.
With the aforesaid observations, the instant application is finally disposed off.
Order Date :- 25.4.2019 Anand