SANESH THAKUR Vs. STATE OF U. P.

JUDGEMENT

(1.) F.I.R. under Ss. 385, 323, 504, 506 IPC was registered on 13/8/2015 at P.S.-Civil Lines, District-Moradabad against the applicants who are four in number. After conducting the investigation, the Police has submitted charge-sheet No.286 of 2015 dtd. 14/9/2015 under Ss. 385, 323, 504, 506 IPC against all the applicants. On 18/2/2016, Chief Judicial Magistrate, Moradabad has taken cognizance under Ss. 385, 323, 504, 506 IPC and summoned the accused applicants. Copy of the order is at page 30 of the paper book and Criminal Case No.1146 of 2016 (State Vs. Sanesh Thakur and others) was registered.

(2.) The present application under Sec. 482 Cr.P.C. has been filed by the accused applicants challenging the order of cognizance dtd. 18/2/2016 as well as the entire proceedings of Criminal Case No.1146 of 2016 (State of U.P. Vs. Sanesh Thakur and others) pending before the Additional Chief Judicial Magistrate, Court No.2, Moradabad. Apart from other grounds taken in the application, the Counsel for the applicant submitted that opposite party no.2 namely Asheesh Agrawal who was the informant, moved an application before the court below that the matter has been compromised between the parties and he does not want to proceed with the case. It was prayed in the aforesaid application which is at page 38 of the paper book that in light of the compromise, proceedings in case no.1146 of 2016 be quashed.

(3.) This Court vide order dtd. 11/7/2017 stayed the further proceedings against the applicants in case crime no. 586/2015, criminal case no. 1146 of 2016 under Ss. 385, 323, 504, 506 IPC P.S.-Civil Lines, District-Moradabad and issued notice to the opposite party no.2.