Abdul Salam and 10 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34890 of 2023 Applicant :- Abdul Salam And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the proceedings of Case No. 220 of 2018 (State Vs. Abdul Salam and others) arising out of Case Crime No. 252 of 2017, under Sections 147, 148, 149, 323, 504, 325 I.P.C., Police Station Tharwai, District Allahabad, pending the court of learned Additional Chief Judicial Magistrate, Court No.5, Allahabad on basis of compromise between the parties concerned. 2-Main substratum of argument of learned counsel for the applicants is that proceeding of the aforesaid case is liable to be quashed on the basis of compromise between the parties concerned. 3-On the other hand, learned A.G.A. pointed out that in the compromise application, no date is mentioned and even applicant no.10-Samim Ahmad is also not party in the said compromise application. Therefore, the relief as sought for by means of this application cannot be granted. 4-In response, learned counsel for the applicants and learned counsel for opposite party no.2 could not give satisfactory reply. 5-Learned counsel for the applicants prays for and is allowed to withdraw this application with liberty to file fresh application with better particulars. 6-In view of the above, the instant application is dismissed as withdrawn with aforesaid liberty as prayed for. 7-OfÏce is directed to return the certified copy of the documents, if any, to the counsel for the applicants within three days, after retaining photocopies of the same on record. Order Date :- 30.11.2023 Kashifa High Court of Judicature at Allahabad