Siddharth, J. - (1.) Heard Shri Sanjeev Kumar Trivedi, learned counsel for the applicants, learned AGA for opposite party No.1 and Shri Devendra Saini, learned counsel appearing on behalf of the opposite party No.2. This Application under Section 482 Cr.P.C. has been filed, praying for quashing of entire criminal proceedings of Case No. 282 of 2018, State Vs. Kamruddin and others, arising out of Case Crime No.224 of 2012, under Sections 324, 323, 308 I.P.C., Police Station Saurikh, District Kannauj pending before the court of Chief Judicial Magistrate, Kannauj in pursuance of the charge-sheet dated 08.8.2012.
(2.) The facts of the case are that the First Information Report was lodged by the opposite party No.2 on 29.6.2012 against the applicants and charge-sheet has been filed by the Investigating Officer on 08.08.2012 and the Case No. 282 of 2018 is proceeding against the applicants in the court of Chief Judicial Magistrate, Kannauj. The applicants and the opposite party No.2 have filed a compromise application on 30.03.2018 before the court below, certified copy whereof has been filed as Annexure Nos. 3 to this affidavit. The opposite party No.2-informant, has filed his counter affidavit wherein he has admitted that a compromise has been duly arrived at between the parties and they have settled all their disputes and after signing the compromise, the same has been filed in the case.
(3.) Learned counsel for the parties states that the court below is reluctant to decide the case on the basis of compromise since as per Section 320 Cr.P.C., Section 308 I.P.C. is not compoundable. The parties have affirmed their compromise by way of affidavit before this court and represented through their counsels.;