Allahabad High Court
Intzar And 18 Others vs State Of U.P. And Another on 17 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 3707 of 2023 Applicant :- Intzar And 18 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.,Anand Vikram Hon'ble Samit Gopal,J.
List revised.
Heard Sri Harish Kumar Yadav, learned counsel for the applicants, Sri Anand Vikram, learned counsel for the opposite party no.2 and Sri Raj Kumar Gupta, learned State counsel and perused the record.
The present application has been filed by the applicants- Intzar, Zahid, Imaran, Nanhye, Nazim, Vijay Yadav, Dharam Pal, Kripal Singh @ Krishna Pal, Arvind, Sham Suddin, Shameem, Baboo, Babboo, Jalauddin, Allauddin, Shamsad, Faiyaz, Iqabal and Nazakat with the prayer to allow this application and be considered on the Misc. Application dated 08.09.2020 of Pradeep Kumar @ Kallu (Informant) for enter into compromise between the informant/victim and accused applicants and in pursuance of compromise application dated 08.09.2020, aforesaid, be quashed the entire proceeding of Criminal Case No. 1045 of 2012 (State of U.P. Vs. Vijay Yadav and others) and also quash the order dated 10.01.2023 for Non-Bailable Warrant etc. arising out of charge-sheet submitted in Case Crime No. 164 of 2012, under Sections 147, 148, 149, 307, 336, 427, 504, 506, 323 I.P.C., Police Station Thakurdwara, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Moradabad, Court No.1, Moradabad with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.
Learned counsel for the applicants argued that the parties have entered into compromise which is dated 08.09.2020 copy of the said compromise is annexed as Annexure no.6 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court.
List on 31st March, 2023.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 17.2.2023/AS Rathore (Samit Gopal,J.)