HONBLE RAVI NATH TILHARI,J. - (1.) Heard Sri Sharique Ahmed, learned counsel for the applicants, Sri Ashish Dubey, learned counsel for the opposite party no.2 and Sri Pankaj Sexena, learned AGA appearing for the State and perused the material brought on record.
(2.) The applicants have filed the present application under Section 482 Code of Criminal Procedure (Code/Cr.P.C.) with the following main prayers:- "(i) Quash the crimin proceeding of Criminal Complaint Case No.105 of 2017 (Shobha Devi Vs. Veerpal and others), under Sections 392, 504, 506, 376, IPC in respect of applicant no.3 and under Sections 392, 504, 506, IPC in respect of applicant nos. 1, 2 and 4, Police Station-Gursahayganj, District Kannauj, pending before the Additional District Judge, Court No.2, Kannauj, in terms of compromise entered between the parties on 01.02.2020. (ii) Quash the summoning order dated 27.07.2018 passed by the learned Special Judge (D.A.A.)/Additional Sessions Judge, Court No.2, Kannauj, in Criminal Complaint Case No.105 of 2017 (Shobha Devi Vs. Veerpal and others), under Sections 392, 504, 506, 376, IPC in respect of applicant no.3 and under Sections 392, 504, 506, IPC in respect of applicant nos. 1, 2 and 4, Police Station-Gursahayganj, District Kannauj, in terms of compromise entered between the parties on 01.02.2020."
(3.) Facts of the case are that the alleged incident took place on 29.05.2017 and again on 04.06.2017 with respect to which the complainant opposite party no.2 filed an application under Section 156(3) Cr.P.C. on 07.06.2017, registered as a Complaint Case No.105 of 2017, under Sections 392, 504, 506, 376, IPC, Police Station Gursahaiganj, District Kannauj, in the Court of learned 4th Additional District and Session Judge/ Special Judge Dacoiti, Kannauj, inter alia on the averments that the applicant nos. 1, 2 and 3 are known criminals, and for last several months the applicant no.3 Veerpal was trying to outrage her modesty and tried to commit rape on her. The applicant nos.1, 2 and 3 forcibly entered in the house of the complainant on 29.05.2017 around 6.00 P.M. and committed 'marpeet' with her husband, and also assaulted the son of the complainant by knife. They received injuries. The applicants threatened the complainant that in case she did not compromise the pending matters, she and her entire family would be killed. On 04.06.2017 the applicants again entered forcibly in the house of the complainant having country made pistol in their hand; they started abusing her; committed loot in her house and the applicant no.3 committed rape upon her and also snatched jewelry and tried to strangulate the complainant's neck.;