- (1.) THE applicants by way of present application under Section 482 Cr.P.C. have approached this Court with the prayer that the criminal proceedings against the applicants under Sections 147, 148, 149, 364, 341, 171 -E, 506 I.P.C. and 7 Criminal Law Amendment Act in Sessions Trial No.582 of 2011 (State Vs. Prem Chandra and others) pending in the Court of Additional District and Sessions Judge, Court No.5, Bulandshahar, be quashed.
(2.) HEARD learned counsel for the applicants and learned AGA for the State. The learned Counsel for the applicants have pressed the present applicant on following scores; 1. That the complainant Brijendra Singh presently O.P. no.2 has entered into compromise with the applicants. 2. That the witnesses examined by the prosecution during trial have disowned the prosecution version and have been declared hostile by the prosecution. 3. That the State itself is not interested to prosecute the present case and the application for the withdrawal of prosecution has been given before the Court concerned.
(3.) BRIEF facts are that Brijendra Singh, opposite party No.2 on 22.12.2010, lodged a report with the facts that the nominated accused persons and others, against the strength of weapons kidnapped 14 Block Development Council members whereby they could not caste their votes on 22.12.2010 in the Block Pramukh Election. Investigation was proceeded and chargesheet against the applicants was filed for the offences, mentioned above. During the course of trial, several witnesses of fact were examined by the prosecution but none of them is said to have supported the prosecution version. Further progress of the case is that Brijendra Singh, complainant, opposite party No.2, entered into compromise with the accused persons. One more ground on which the present application for quashing the proceeding has been passed is that the State of U.P. has also decided to withdraw the prosecution of the present case.;