Court No. - 52
Case :- APPLICATION U/S 482 No. - 6249 of 2018 Applicant :- Satish And 5others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.N. Singh, learned counsel for the applicants and Sri Anup Kumar Khare, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.2667/9 of 2017 (State Vs. Hari Shanker and others), arising out of Case Crime No.544 of 2017, under Sections 147, 148, 149, 452, 308, 504, 506 IPC, P.S. Milak, District Rampur, pending in the court of Additional Civil Judge (SD)/ACJM Rampur.
The submission of learned counsel for both the parties is that there are cross cases in which both sides have received injuries. The applicants are being prosecuted in Crime No. 544 of 2017 and O.P. No.2 in cross case which was registered by an application filed u/s 156(3) Cr.P.C., the same was registered at the same police station as Crime No. 588 of 2017. Learned counsel for the applicants submits that both the matters are pending before the Additional Civil Judge (Sr. Div.), Rampur in which compromise deed dated 17.2.2018 has been filed. Learned counsel further submits that on account of section 308 of IPC being non-compoundable, the trial court is handicapped to quash the proceedings based on compromise. However, in my opinion since the matter pertains to private dispute and the compromise have already filed in both the matters before the court below, I deem it fit to direct the concerned court to verify the compromise filed by the applicants and accused in the cross case after affording proper opportunity of hearing to the both sides and after due verification in case the parties have compromised the matter then the court will be at liberty to quash the proceedings in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012.
A copy of this order be certified to the lower court forthwith.
For a period of two months no coercive steps shall be taken against the applicants.
In view of above, the application stands disposed of.
Order Date :- 26.2.2018 AK Pandey