Court No. - 72
Case :- APPLICATION U/S 482 No. - 34524 of 2019 Applicant :- Upendra Agrawal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and learned AGA for the for the State.
The present 482 Cr.P. C. application has been filed for quashing the entire proceedings of Case No. 1804 of 2013 (Ratan Kumar Vs. Upendra Agrawal & Ors) under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District- Firozabad, pending in the court of Additional Chief Judicial Magistrate-1 Hathras.
Earlier, the applicants have approached this Court by means of the application u/s 482 No. 12873 of 2017 (Upendra Agrawal & Ors Vs. State of U.P. & Anr.) in which, quashing the entire proceedings has been refused and direction was issued to the applicants to surrender and apply for bail, the said order was passed by this Court on 16.8.2018. Subsequently, all the applicants were enlarge on bail and during the pendency of the trial the settlement has been arrived between the parties. A copy of the settlement/compromise between the parties before the Mediation Centre at Firzabad dated 30.10.2018 as appended as annexure no.8 to this application. Pursuant to the compromise, no application has been filed by the applicants before the concerned court and directly came before this Court for quashing the entire proceedings, although, the earlier application with regard to the same prayer had already been decided by this Court.
It is well settled that the second 482 Cr.P.C. application for the same relief is not at all maintainable, if the applicants have any grievance with regard to the facts that the matter had already been settled, they have an alternative remedy to file an application before the concerned Magistrate for deciding the application in terms of the compromise.
The application is dismissed as not maintainable.
Order Date :- 30.9.2019 Akbar