Heard learned counsel for the applicants and learned A. G. A. for the State-respondent.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 1353 of 2007, under Sections 323, 504, 506, 427, 448 and 511 IPC pending before the Chief Metropolitan Magistrate, Kanpur Nagar. It is contended by learned counsel for the applicants that compromise has been entered into between the applicants and the opposite party No. 2 which is authenticated by Annexure-7 to the accompanying affidavit. It is, thus, contended by the learned counsel for the applicants that criminal prosecution of the applicants is bad in law. In support of his contention learned counsel for the applicants has relied upon the judgement reported in 2008 SCC (1)-16 in the case of Manoj Sharma Versus State . Learned AGA prays for and is granted six weeks' time to file a counter affidavit.
Issue notice to the opposite party No. 2 indicating therein that he may also file counter affidavit within the same period. Applicants shall have two weeks thereafter to file a rejoinder affidavit.
List immediately after the expiry of the aforesaid period before the appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicants in the aforementioned case. Order Date :- 12.3.2012 HR