Court No. - 54
Case :- APPLICATION U/S 482 No. - 25630 of 2018 Applicant :- Yashpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Arvind Agrawal
Hon'ble Rahul Chaturvedi,J.
Heard Sri Pankaj Dwivedi, learned counsel for the applicant and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 9.05.2018 and cognizance order dated 11.07.2018 as well as entire criminal proceedings of Criminal Case No. 285/IX/2018 arising out of Case Crime No. 171 of 2018, under Sections 420, 406, 386, 120B IPC, Police Station- Kosi Kalan, District- Mathura pending in the Court of learned Judicial Magistrate, Chhata, District- Mathura.
It is contended by the learned counsel for the applicant that on 08.03.2018, Syed Omer Mukhatar has lodged an FIR against unknown persons under Sections 420, 406 and 386 IPC with the allegation that he has been cheated by the applicant to the tune of Rs. 30,00,000/-. Pursuant to this FIR, the applicant Yashpal was arrested and after rejecting his bail application he came this court by means of Criminal Misc. Bail Application No. 24143 of 2018 vide order dated 29.06.2018, this Court has directed to pay entire amount of Rs. 30,00,000/- as per the allegation of the FIR to be paid to the informant. Learned counsel for the applicant further contended that vide order dated 16.08.2018, the applicant Yashpal has been bailed out by co-ordinate Bench of this Court after deposit the amount to the satisfaction of the informant. Besides this, the informant in his statement dated 11.07.2018 annexed at Annexure-8 states that he has received the amount and now he has no complaint or grievance against Yashpal, present applicant, Atul, Nageshwar Kumar and Mohd. Omar. It is further contended that after this, the applicant has moved an application under Section 320 Cr.P.C. before Civil Judge (J.D.)/Judicial Magistrate, Chhata, Mathura in Case No. 285 of 2018 (State Vs. Mohd. Omar and others), under Sections 420, 406, 386, 120B IPC, P.S. Kosi Kalan, District Mathura, Case Crime No. 171 of 2018 for compounding all the offences and the aforesaid application is pending since 11.07.2018. The prayer sought is to direct the Civil Judge (J.D.)/Judicial Magistrate, Chhata, Mathura to get the matter decided by reasoned order as both the parties has entered into compromise and truce.
In the aforementioned backdrop of the case, without making any comment upon the merits of the case, I hereby in exercise of power under Section 482 Cr.P.C. direct the Civil Judge (J.D.)/Judicial Magistrate, Chhata, Mathura to look into the mater and decide the application under Section 320 Cr.P.C. dated 11.07.2018 by a well reasoned order in consonance with the provisions of law within a period of six weeks from the date of production of a certified copy of this order.
With the aforesaid directions, this application is disposed of.
Order Date :- 5.9.2018 Shubhankar Thakur