Neutral Citation No. - 2025:AHC-LKO:455 Court No. - 18 Case :- APPLICATION U/S 482 No. - 2179 of 2016 Applicant :- Mohd. Azaz Mirza And Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home U.P. And Anr. Counsel for Applicant :- Nadeem Murtaza Counsel for Opposite Party :- Govt. Advocate Hon'ble Manoj Bajaj,J. Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of impugned charge sheet no.279 of 2014 under Section 173(2) Cr.P.C. arising out of case crime no.495 of 2014, titled State Vs. Azaz Mirza and others, under Sections 406, 504, 506 IPC, which is subject mater of case no.877 of 2014 pending before Special Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow. Learned counsel for the applicants has argued that apart from the prosecution of the applicants in the impugned charge- sheet (Annexure No.1), the applicants were also summoned as an accused in a complaint case filed by opposite party no.2 under Section 138 Negotiable Instruments Act, 1881. He submits that on the basis of the sole transaction, the two different criminal cases were filed by the applicants and during the pendency of the complaint relating to the dishonour of the cheque, the parties arrived at an amicable settlement and consequently the said complaint was withdrawn by complainant on 06.12.2014 (Annexure no.5). He submits that the written compromise is on record as Annexure No.6, therefore, he prays for quashing of the impugned charge- sheet on the said ground. During the course of hearing, it is fairly conceded by learned counsel that the offence punishable under Section 406 IPC is compoundable in terms of Section 320 Criminal Procedure Code, but in this regard, no application has been made before the trial court. Considering the above background, particularly, the absence of the complainant in these proceedings, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C., as alternatively the said ground can be pressed by the accused before the trial court. Accordingly, the application is disposed of. Order Date :- 3.1.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench