Held that criminal proceedings under Sections 420, 406, 504 and 506 IPC are quashed in pursuance of a compromise deed executed between the parties in the proceedings instituted against the applicants.
Quashed the entire proceedings of Case No. 342 of 2017 (State vs. Khawer Riyaz and others) arising out of Crime No. 0413 of 2016.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 16477 of 2018
Applicant :- Khawer Riyaz And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.,Om Prakash Yadav
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Om Prakash Yadav, learned counsel appearing on behalf of opposite party no.2.
Present application under Section 482 Cr.P.C. has been filed to direct the Chief Judicial Magistrate, District Aligarh to decide the Case No. 342 of 2017 (State Vs. Khawer Riyaz and others) arising out of Case Crime No. 0413 of 2016, under Sections 420, 406, 504 and 506 IPC, P.S. Quarsi, District Aligarh in pursuance of the compromise deed dated 26.4.2018.
This Court vide order dated 10.5.2018, directed the parties to appear before court below alongwith certified copy of the order and to file an application for verification of the original compromise document. In pursuance of the order of this Court, parties appeared before the C.J.M. Aligarh to verify the compromise vide order dated 6.8.2018.
Since, the matter has already been compromised between the parties, therefore, the entire proceedings of Case No. 342 of 2017 (State Vs. Khawer Riyaz and others) arising out of Case Crime No. 0413 of 2016, under Sections 420, 406, 504 and 506 IPC are hereby quashed.
The application stands allowed.
Order Date :- 17.7.2019 Noman
2 issues framed by the court
Whether criminal proceedings under Sections 420, 406, 504 and 506 IPC should be quashed in view of a compromise between the parties.
Whether the Chief Judicial Magistrate, District Aligarh is directed to decide the case arising out of Crime No. 0413 of 2016 following a compromise deed.
1 provisions across 1 enactments
Khawer Riyaz And 2 Ors
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
