RAVINDRA SINGH
SABIR ANSARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Honble Ravindra Singh, J.—This application has been filed with a prayer to quash the order dated 20.4.2007 by which learned Addl. Sessions Judge/FTC-1, Ghazipur in ST. No. 23 of 1999 has rejected two applications. One application was with prayer to decide the case in terms of the compromise and second application was with a prayer that P.W. 1, 2 and 3 may be recalled for re-cross-examination under Section 311, Cr.P.C. it is contended by learned counsel for the applicants that both the parties have entered into compromise, they do not want to proceed further. Proceeding is trial-able by Court of sessions i.e. under Section 304, IPC, in such circumstances, the witness will not support the prosecution story. The result of the case will be acquittal of the accused, therefore, the futile exercise should not be done, such view has been taken by the another bench of this Court in the case of Yahiya Khan and Raziullah Khan v. State of U.P., 2006 (56) ACC 853.
2. In reply of the above contention, it is submitted by learned A.G.A. that the offence is not compoundable, therefore, no such direction may be issued for disposal of the case in terms of the compromise and no ground has been
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