Court No. - 72
Case :- APPLICATION U/S 482 No. - 6876 of 2018 Applicant :- Tota Ram And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.,Amit Kumar Srivastava
Hon'ble Rajiv Joshi,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the applicants, Sri Amit Kumar Srivastava on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No. 223 of 2016 dated 31.12.2016 (Annexure No. 1 to the affidavit) in Case Crime No. 129 of 2014, under Sections- 420, 467, 468 and 471 of the Indian Penal Code, Police Station- Subhash Nagar, District- Bareilly.
The above proceedings were challenged mainly on the ground that a settlement has been entered into between the parties and the compromise has been filed before the trial court.
Earlier, vide order dated 27.02.2018, this Court while granting the interim order, directed the trial court to verify the compromise and submit a report within a period of two months. In compliance of the order of this Court, a report dated 14.02.2019 has been submitted by the concerned Magistrate to the effect that no such compromise has been filed before the trial court and the parties have also denied that they have ever entered into any compromise.
In view of the above, it is clear that the present application u/s 482 has been filed concealing the true facts. In fact, no settlement has been arrived at between the parties as is apparent from the record.
In view of the above, no indulgence in such matters is called for in exercise of the powers u/s 482, Cr.P.C.
The application u/s 482, Cr.P.C. is wholly misconceived and is, accordingly, rejected.
The interim order stands vacated.
Order Date :- 25.9.2019 Shivangi