Case :- APPLICATION U/S 482 No. - 46543 of 2019 Applicant :- Musarraf Ali And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Mehdi Zaidi Counsel for Opposite Party :- G.A.,Mohammad Sakir
Hon'ble Dinesh Kumar Singh-I,J.
Counter-Affidavit has been filed by learned counsel for the O.P. No. 2 and the same is taken on record.
Heard Sri Anwar Mehdi Zaidi, learned counsel for the applicant, Sri Mohammad Sakir, learned counsel for the O.P. No. 2 and Sri G.P. Singh, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge-sheet dated 06.08.2018 submitted by I.O. against the applicants in Criminal Case No. 590 of 2018 arising out of Case Crime No. 865 of 2018 under Sections 323, 325 and 504 I.P.C., P.S. Baradari, District Bareilly.
Compromise-Affidavit has been filed from the side of O.P. No. 2 and the same is taken on record in which in para 2, it is stated by O.P. No. 2 that he has settled the dispute with the accused applicants amicably outside the court and no grievance or dispute survives now and proceedings needs to be quashed.
Learned A.G.A. has no objection to the quashing of the proceedings as the case is compoundable with permission of Court as per the provision under Section 320 Cr.P.C.
I have gone through the F.I.R.
It is recorded in it that the applicants had caused injuries to the O.P. No. 2 by which he had received fracture. In this case, police has submitted charge-sheet after investigation.
Looking to the fact that the Compromise has been entered into between two sides and the O.P. No. 2 does not want to proceed with the case and this case is compoundable with the permission of the Court as per provision of Section 320 Cr.P.C., in the interest of justice, impugned charge-sheet dated 06.08.2018 submitted by I.O. against the applicants in Criminal Case No. 590 of 2018 arising out of Case Crime No. 865 of 2018 under Sections 323, 325 and 504 Order Date :- 18.12.2019 A. Mandhani