Court No. - 45 Case :- APPLICATION U/S 482 No. - 18927 of 2010 Petitioner :- Aaftab Respondent :- State Of U.P. & Another Petitioner Counsel :- Devendra Saini Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for
quashing the proceedings of Case No. 3116 of 2009 (State Vs. Aaftab), under
Sections 420, 406, 506 I.P.C., Police Station Gangoh, District Saharanpur,
pending before learned Additional Chief Judicial Magistrate, Ist, District
Saharanpur.
It is contended by learned counsel for the applilcant that there was business
relation between the applicant and the opposite party no.2 and they have
compromised the dispute by means of a compromise deed dated 02.03.2009,
copy of which is annexed as Annexure-2 to the application, therefore, the
criminal prosecution of the applicant is bad in law.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks’ thereafter
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 23.7.2010
S.Ali