Court No. - 52
Case :- APPLICATION U/S 482 No. - 7205 of 2019 Applicant :- Sadik 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the applicants, Sri Mayank Srivastava, learned counsel for the opposite party no.2 and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1263/9 of 2015 (State Vs.Sadik and others), arising out of Case Crime No.298 of 2015 under Sections 147, 148, 149, 307, 504, 506 and 452 I.P.C., P.S. Kairana, District-Shamli, pending in the court of Civil Judge (Senior Division),Shamli.
Learned counsel for the applicants has submitted that considering the nature of the injuries sustained by the injured, prima facie no offence under Section 307 I.P.C. is made out. Besides it, the parties have also settled their dispute and have arrived at a compromise and in this behalf opposite party no.2 has filed affidavit in the court below.However, he could not dispute that besides one injured who has filed affidavit, there are two injured who are minors.
Be that as it may, I do not find any ground for quashing the proceedings pending before the trial court.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 25.2.2019 MN/-