AKHTAR ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the summoning order dated 25.1.2012 as well as the entire proceedings of Complaint Case No. 3785 of 2015, (Usha Devi Vs. Akhtar Ali and others), under Sections- 323, 452, 504 and 506 I.P.C., Police Station- Mehndawal, District- Sant Kabir Nagar, pending in the Court of Civil Judge (Senior Division)/A.C.J.M., Sant Kabir Nagar.

(3.) Learned counsel for the applicants submits that it was a dispute between both side which led filing of complaint against accused Akhtar Ali, Sukurunnisha alias Sakurunnisha, Rizwana Khatoon, Sabana Khatoon, Gulsana Khatoon, Parma Devi and Nirja Devi wherein complainant Smt. Usha Devi was examined under Section 200 of Cr.P.C. and her witnesses were examined under Section 202 of Cr.P.C. Thereafter, a summoning order dated 15.1.2012, for offence punishable under Sections 323, 452, 504 and 506 I.P.C. against Akhtar Ali, Sukurunnisha alias Sakurunnisha, Rizwana Khatoon, Sabana Khatoon, Gulsana Khatoon, Parma Devi was passed, which is pending as Complaint Case No. 345 of 2011 (Usha Devi Vs. Akhtar Ali and others) of P.S. Mehndawal, District Sant Kabir Nagar. Parties have entered in compromise, which is at Page No. 24 wherein both sides has mentioned about their compromise. Thereafter, an application dated 22.9.2012 was moved by complainant Usha Devi before Court of Chief Judicial Magistrate, Sant Kabir Nagar, for ending proceeding of criminal complaint case but the same is still pending and no order over it has been passed. Hence, in view of law laid down by Apex Court in Gian Singh Vs. State of Punjab & another, 2012 LawSuit(SC) 623, the proceeding be ended.