Kamraan v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 45337 of 2023 Applicant :- Kamraan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawnesh Tiwari,Somesh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 482 Code of Criminal Procedure for quashing the entire proceeding of Case No. 1192 of 2018; titled State vs. Kamraan, arising out of Case Crime No. 0446 of 2017, under Sections 420, 406 IPC, Police Station Khurja, District Bulandshahar, pending before the A.C.J.M., Khurja, District Bulandshahar and the proceedings arising therefrom. During the course of hearing, it is not disputed that the alleged offences in the subject case are compoundable and the settlement arrived at between the parties by way of a written compromise is already placed before the trial court. Thus, this Court is not inclined to exercise inherent powers under Section 482 Cr.P.C. as the parties can alternatively raise this issue before the trial court in terms of Section 320 Cr.P.C. The application under Section 482 Cr.P.C. is dismissed. Order Date :- 13.12.2023 Brijesh High Court of Judicature at Allahabad