Court No. - 32
Case :- APPLICATION U/S 482 No. - 6128 of 2018 Applicant :- Margoob Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
An affidavit on behalf of the complainant opposite party no.2 Irshad Ahmad is taken on record.
Shri Irshad Ahmed, learned counsel has also filed vakalatnama on behalf of the complainant opposite party no.2 Mohd.Yasin.
Heard learned counsel for the applicant, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 16.1.2016 as well as the entire criminal proceeding of Criminal Case No.3599 of 2016 (State vs. Zafri) arising out of Case Crime No.493 of 2015 under sections 147, 148, 149, 307, 452, 336, 323, 506, 34 I.P.C. PS.Didauli, District Amroha and further prayer is to stay the proceedings of the aforesaid case.
Learned counsel for the applicant submitted that due to election dispute in which someone shot fire causing injuries to the son of the complainant opposite party no.2. However, due to misunderstanding the First Information Report was lodged against the applicant and another co- accused. The charge sheet has been submitted only against the applicant. It was further submitted that both side received injuries. From the side of the complainant opposite party no.2 Case Crime No.493 of 2015 under sections 147, 148, 149, 307, 452, 336, 323, 506, 34 I.P.C. PS.Didauli, District Amroha and First Information Report was lodged by the applicant Margoob bearing Case Crime No.494 of 2015 under sections 147, 148, 149, 307, 323, 506, 34 I.P.C. PS.Didauli, District Amroha.
From the side of the applicant the petition was filed which was disposed off with the direction for verification of compromise. The court below has to verify the fact from the parties concerned and if it is found that the matter has been settled in between the parties in both the cases lodged from the side of the applicant and complainant opposite party no.2 i.e 493/3/2015 and 494/2015 then no fruitful purpose would be served to continue the criminal proceeding and proceeding of both the cases have to be dropped in view of the judgement passed in the case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675 and Madan Mohan Abbot Vs. State of Punjab 2008(4) SCC 582 and the present order passed by this Court.
In the meantime till order is passed by the court below, no coercive steps shall be taken against the applicant.
With the aforesaid observation present application under section 482 Cr.P.C. is hereby finally disposed off.
Order Date :- 28.2.2018 Rk