Court No. - 66
Case :- APPLICATION U/S 482 No. - 29137 of 2019 Applicant :- Musharraf And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Sushil Kumar Pandey and Sri S.P. Singh, Advocates have filed counter affidavit along with their vakalatnama on behalf of wife of the deceased, which is taken on record.
Heard learned counsels for the parties as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case No.4337/9 of 2005 (State vs. Musharraf and others), arising out of Case Crime No.61 of 2003, under Sections 147, 148, 149, 302 I.P.C., P.S. Kakrauli, District Muzaffar Nagar, pending in the court of C.J.M., Muzaffar Nagar.
Submission of the learned counsel for the applicants is that the applicants had challenged the proceedings in Criminal Misc. Application (U/s 482 Cr.P.C.) No.10780 of 2005 (Musharraf & others vs. State of U.P.) in which the Court was pleased to stay further proceedings and the interim order was extended from time to time. The said order was passed on 25.8.2005 and 10.8.2005, however, the same has been finally decided and dismissed on 28.5.2019. It is submitted that the present application has been filed on the ground that the first informant- opposite party no.2 has compromised the matter and, therefore, the proceedings against the applicants may be quashed.
Per contra, learned counsels appearing on behalf of wife of the deceased have stated that in fact under coercion and threat, the first informant who happens to be brother of the deceased has filed compromise and on that basis the proceedings cannot be quashed as the true victims are the wife and children of the deceased.
In view of the facts and circumstances of the case, in my opinion, merely because the first informant has filed compromise and colluded with the applicants, the proceedings cannot be quashed against them.
The present application under Section 482 Cr.P.C. is devoid of merits and the same is, accordingly, dismissed.
Order Date :- 30.7.2019 Vikas