Applicants sought quashing of a sessions trial for rioting and related offences against family members on the basis of an amicable compromise between the parties. The State raised no objection. Considering the settlement between parties belonging to the same family, the High Court allowed the Section 482 application.
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Neutral Citation No. - 2024:AHC:142740
Court No. - 82
Case :- APPLICATION U/S 482 No. - 24966 of 2024
Applicant :- Riyaz And 9 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Shri Manoj Kumar Mishra, learned counsel appeared on behalf of the opposite party nos. 2, 3 & 4 and filed vakaltnama, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2, 3 & 4 as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Sessions Trial No. 705 of 2024 (State Vs. Riyaz and others), Case Crime No. 439 of 2021, under Sections 452, 147, 148, 149, 323, 325, 504, 506, 354, 308 I.P.C., Police Station-Gangoh, District-Saharanpur, pending in the court of Additional District Judge, Court No. 14, Saharanpur in the light of compromise took place in between the applicants and opposite party nos. 2 to 4.
It is submitted by learned counsel for both the parties that in this case parties belong to the same family and they have settled their dispute amicably, therefore, request to quash the entire proceeding of the case in view of the compromise between the parties.
Learned A.G.A. has no objection in this regard.
On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. and perusal of record, it appears that the parties have entered into compromise and settled their dispute amicably regarding which an application has already been filed before the learned court, which is on record as paper no. 76, therefore, the parties are hereby directed to appear before the learned court within a period of 30 days from today and the learned court is to verify the contents of compromise and then the parties may file
fresh application before this Court with certified copy of verified compromise.
In the meantime, no coercive action shall be taken against the applicants.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 3.9.2024 Sunil Kr. Gupta
Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether criminal proceedings in Sessions Trial No. 705 of 2024 arising from a family dispute should be quashed in view of the compromise between the parties.
10 provisions across 2 enactments
Riyaz And 9 Others
State Of U.P.
Opposite Party Nos. 2 to 4
Subhash Chandra Sharma
As recorded by the court registry
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