ABHIJEET YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and Sri P.C. Srivastava, learned Additional Advocate General for the State and perused the entire record.

(2.) The present application has been filed for quashing of the charge-sheet dtd. 17/9/2022 and all consequential proceedings, including cognizance order dtd. 30/9/2022, passed by the A.C.J.M. Court No.10, Azamgarh in Case Crime No.64 of 2022, P.S. Jahanaganj, District Azamgarh, under Sec. 323, 504, 506, 427, 34, 171-F, 392 IPC read with Sec. 7 Criminal Law Amendment Act, 2013, which is pending in the Court of A.C.J.M. Court No.10, Azamgarh.

(3.) Learned counsel for the applicants has referred the first information report and material collected during investigation and it was submitted that no prime facie case is made out against applicants. Earlier the applicants have filed an application under Sec. 482 Cr.P.C. No.11708 of 2023 (Abhijeet Yadav and 5 others vs. State of U.P.) with same prayer for quashing of entire proceedings and summoning order and that application was disposed of by this Court vide order dtd. 3/4/2023 and the prayer for quashing of proceedings was refused. It is submitted that after disposal of said application, both the parties have compromised the matter and now the informant of the case does not want to proceed with the case and both the parties have filed an application for compromise, which is annexed as Annexure-5 to this application. The alleged incident is private in nature between both the parties. It was submitted that in view of aforesaid facts, the impugned charge-sheet along with consequential proceedings and cognizance order may be quashed.