JUDGMENT :

The brief facts of the case are that :

1. F.I.R. under Sections 385, 323, 504, 506 IPC was registered on 13.8.2015 at P.S.-Civil Lines, District-Moradabad against the applicants who are four in number. After conducting the investigation, the Police has submitted charge-sheet No.286 of 2015 dated 14.9.2015 under Sections 385, 323, 504, 506 IPC against all the applicants. On 18.2.2016, Chief Judicial Magistrate, Moradabad has taken cognizance under Sections 385, 323, 504, 506 IPC and summoned the accused applicants. Copy of the order is at page 30 of the paper book and Criminal Case No.1146 of 2016 (State Vs. Sanesh Thakur and others) was registered.

2. The present application under Section 482 Cr.P.C. has been filed by the accused applicants challenging the order of cognizance dated 18.2.2016 as well as the entire proceedings of Criminal Case No.1146 of 2016 (State of U.P. Vs. Sanesh Thakur and others) pending before the Additional Chief Judicial Magistrate, Court No.2, Moradabad. Apart from other grounds taken in the application, the Counsel for the applicant submitted that opposite party no.2 namely Asheesh Agrawal who was the informant, moved an application before the court below that the matter has been compromised between the parties and he does not want to proceed with the case. It was prayed in the aforesaid application which is at page 38 of the paper book that in light of the compromise, proceedings in case no.1146 of 2016 be quashed.

3. This Court vide order dated 11.7.2017 stayed the further proceedings against the applicants in case crime no. 586/2015, criminal case no. 1146 of 2016 under Sections 385, 323, 504, 506 IPC P.S.-Civil Lines, District-Moradabad and issued notice to the opposite party no.2.

4. Again when the matter was taken up on 4.11.2022, the Counsel for the parties submitted that the parties have entered into a compromise and have settled their dispute. On the aforesaid submission, this Court vide order dated 4.11.2022 directed that the compromise shall be verified within a period of four weeks. The order dated 4.11.2022 is quoted as under :-

"Learned counsel for the parties submits that parties have entered into compromise and have settled their dispute. A copy of compromise was placed before the court concerned, however in absence of specific order it was not verified.

Therefore, it is directed that the compromise shall be verified within a period of 4 weeks and thereafter a report shall be send to this Court within a period of two weeks thereafter.

Put up this case after 6 weeks."

5. After the order dated 4.11.2022, learned Additional Chief Judicial Magistrate, Court No.2, Moradabad submitted a report before this court mentioning therein that matter has been compromised between the parties and the same has been verified on 03.01.2023.

6. In this regard, a supplementary affidavit has also been filed by the applicants which has been taken on record on 21.02.2023 reiterating the position that matter has been compromised between the parties and the same has been verified.

7. Learned Counsel for the applicants submitted that as the dispute has been settled amicably outside the court and compromise entered into the parties has been verified before the court below, the present application u/S 482 be allowed and proceedings of Case No.1146 of 2016 (State Vs. Sanesh Thakur and others) arising out of Case Crime No.586 of 2015 under Sections 385, 323, 504, 506 IPC, P.S.-Civil Lines District-Moradabad be quashed.

8. Learned A.G.A. submitted that it is correct that the matter has been compromised between the parties. Learned AGA further submitted that offence under Section 385 IPC is not compoundable in view of Section 320 Cr.P.C. and the list appended to Section 320 of Cr.P.C. and therefore, the proceedings of Case No.1146 of 2016 (State Vs. Sanesh Thakur and others) cannot be quashed. In support of his contentions, learned AGA relied upon the judgment of Apex Court in case of Ram Lal and another Vs. State of J