Anwar Ali and 4 Others v. State of Up and Another

Court No. - 72

Case :- APPLICATION U/S 482 No. - 32901 of 2024

Applicant :- Anwar Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

1. Sri Puneet Mishra, Advocate has filed Vakalatnama on behalf of opposite party no. 2. The same is taken on record.

1. Heard learned counsel for the applicants; learned counsel for the opposite party no. 2; learned A.G.A. for the State and perused the record.

1. The present 482 Cr.P.C. application has been filed to quash the order dated 31.07.2024, passed by the Additional Sessions Judge, Court No.1, Maharajganj; charge-sheet dated 28.10.2002; cognizance order dated 23.11.2002, as well as entire proceeding of S.T. No. 72 of 2007 (State Vs. Anwar Ali and others), Case Crime No.456 of 2002, under sections 147, 148, 149, 308, 323, 325, 504, 506 I.P.C., Police Station- Kolhui, District-Maharajganj, on the basis of compromise dated 31.07.2024.

1. It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise and same was filed before the Additional Sessions Judge, court no. 1, Maharajganj. The trial court vide order dated 31.07.2024 rejected the compromise application of the applicant observing that the court has no power to quash the proceedings in terms of compromise as the offence alleged are not compoundable under Section 320 Cr.P.C. Counsel for the applicants submits that injuries received by the injured are simple in nature. The applicants are real brother. It is next submitted that both the parties have settled the matter and entered into compromise and the proceedings should be quashed.