- (1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Chand Khan, with a prayer for setting aside proceedings of Sessions Trial No.27 of 2018, State vs. Chand Khan, arising out of Case Crime No.4 of 2016, under Sections 498A, 323, 324 and 307 of Indian Penal Code, Police Station- Bewar, District Mainpuri, pending before Additional District and Sessions Judge, Court, No.4, Mainpuri.
(2.) Learned counsel for applicant argued that parties have entered into compromise, resulting in divorce, in between them and proceeding, under Section 125 of Cr.P.C., decided on the basis of compromise. Joint affidavit has been filed in this case, mentioning compromise entered into between the parties. Hence, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application with this contention that this case is of offence of attempt to commit murder, punishable, under Section 307 of Cr.P.C., which is not a compoundable offence and a compromise in such a heinous offence is not permissible, as has been held in the case of State of Madhya Pradesh vs. Laxmi Narayan and others, reported in 2019 AIR 1296.;