The High Court dismissed the applicant's application under Section 482 Cr.P.C. as withdrawn after granting liberty to file a compromise affidavit in a pending quashing petition.
Permitted applicant to file a supplementary affidavit with a pending application; dismissed present application as withdrawn.
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Court No. - 69 Case :- APPLICATION U/S 482 No. - 6940 of 2023 Applicant :- Mohd. Farooq Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Vakalatnama filed by Sri Sunil Kumar Mishra, Advocate on behalf of the opposite party no.2 is taken on record.
Heard Sri Brijesh Kumar Pandey, learned counsel for the applicant, Sri Sunil Kumar Mishra, learned counsel for the opposite party no.2 and Ms. Arti Agarwal, learned counsel for the State.
The present application under Section 482 Cr.P.C. has been filed by the applicant- Mohd. Farooq with the prayer to allow this application and quash the Charge Sheet No. 233 of 2017 arising out of Case Crime No. 0401 of 2017, under Sections 452, 354, 323, 504, 506 I.P.C., Police Station Saijani Nankar, District Rampur as well as pending Case No. 0276 of 2017 (State vs. Mohd. Farooq) pending before Civil Judge (S.D.) / F.T.C., Rampur on the basis of compromise between the parties with a further prayer that proceedings of the aforesaid case be stayed against the applicant.
It is common ground between the parties the previously the applicant has filed a Criminal Misc. Application U/S 482 No. 14373 of 2018 (Mohd. Farooq vs. State of U.P. and another) for quashing of the proceedings of the trial court before this Court which is still pending.
Learned counsel for the applicant states that since the said petition is pending and as a subsequent development parties have entered into compromise which has been filed as Annexure-5 to the affidavit, he may be granted liberty to place the same in the pending 482 petition by means of supplementary affidavit for which the present application be dismissed as withdrawn by granting him liberty to the same.
Prayer is allowed.
As prayed, the present application U/S 482 Cr.P.C. is dismissed as withdrawn.
Certified copies, if any, be returned to as per rules.
Order Date :- 24.2.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
Mohd. Farooq
State of U.P.
Samit Gopal
As recorded by the court registry
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