Sabir And 3 Ors vs State Of U.P. And Another
2015 Latest Caselaw 1800 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- APPLICATION U/S 482 No. - 16785 of 2014
 

 
Applicant :- Sabir And 3 Ors
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- S.A. Imam
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants, Sri Dinesh Varun learned counsel for the opposite party No. 2 and the learned AGA for the State.

The present 482 Cr.P.C. application has been filed for quashing the  charge sheet dated 17.3.2013 in  case No. 65 of 2014 arising out of case crime No. 457 of 2013  under Sections 147, 148, 452, 323, 427, 504, 506 IPC, police station Loni, district Ghaziabad,  in the court of Additional Chief Judicial Magistrate-I Ghaziabad.

It is contended by learned counsel for the applicants that the matter, which is a private dispute between the parties, has been amicably settled between the parties and no useful purpose would be served in proceeding further with the matter.  Learned counsel for the applicants has placed reliance upon the judgment of the Hon'ble Supreme Court  reported in 2003(4) SCC 675 in the case of B.S. Joshi Vs. State of Haryana as well as the Judgment of the Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another).

Sri Dinesh Varun learned counsel for the opposite party No. 2 also states that the matter has been settled between the parties and the opposite party No. 2 does not want to pursue the matter any further.

Be that as it may, after hearing the learned counsel for the parties and after perusing the averments contained in the present application, this application is finally disposed of with liberty to the applicants to move appropriate application before the court concerned under the relevant provisions of Code of Criminal provisions for redressal of their grievances within a period of fifteen days from today.

In case such application is filed by the applicants within the time specified, same shall be considered and decided by the court concerned most expeditiously, strictly in accordance with law, preferably within a period of three months from the date of filing of such application.

For a period of four months or till the disposal of the aforesaid application, whichever is earlier coercive action against the applicants in the aforesaid case shall be kept in abeyance.

In case the aforesaid application is not filed within the time specified, protection granted above to the applicants shall automatically stand vacated.

Order Date :- 13.8.2015/faraz