The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings based on a compoundable offence settlement, directing the lower court to verify the compromise and pass appropriate orders.
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Court No. - 82
Case :- APPLICATION U/S 482 No. - 5613 of 2022
Applicant :- Barkat Ullah @ Raju And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash entire criminal proceeding of Case No. 1320 of 2021 arising out of charge sheet dated 22.07.2020 submitted in Case Crime No. 0564 of 2019 under Section 323, 504, 506 and 342 I.P.C., P.S.- Kareli, DistrictPrayagraj pending before the court of learned Judicial Magistrate-IVth, Allahabad in the light of the compromise/ settlement agreement dated 7.2.2020 between the parties.
Learned counsel for the applicant has stated that a compromise has been entered between the parties as the offences are compoundable.
The applicant is at liberty to move an application for compromise within 15 days from today along with order of this Court as well as deed of compromise before competent court, the Court below considering the facts that offences are compoundable shall verify the same as expeditiously as possible and pass appropriate order in accordance with law, considering all aspects of the matter.
With the aforesaid observation, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 28.4.2022 Fhd
Digitally signed by FAHAD NIYAZ Date: 2022.04.28 16:29:09 IST Reason: Location: High Court of Judicature at Allahabad
Barkat Ullah @ Raju And 2 Others
State of U.P. and Another
Umesh Kumar
As recorded by the court registry
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