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DINESH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Dinesh & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. 5279 of 2003 [2007] RD-AH 2228 (12 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

 (Court No. 48)

Criminal Misc. Application  No. 5279 of  2003

***

1. Dinesh

2. Suresh.

3. Mahesh.

4. Awadhesh.

All sons of Radehy Shyam Shukla.

5. Yogesh Kumar, son of ShyamCharan Shukla,

All R/o Village Sewa, P.S. Handia,

District Allahabad. ..........  ...Accused- Applicant.

Vs.

1. State of U.P.

2. Vth Addl.Chief Judicial Magistrate

Allahabad.

3. Smt. Kalui Devi wife of Ram Narain,

R/o Village Sewa, P.S. Handia,

District Allahabad . ......  Complainant -Opp.parties

*************

Hon'ble Barkat Ali Zaidi, J

1. In proceedings under Sectins 482 Cr.P.C. , the complainant Smt. Kalui  has filed an affidavit that the allegation  contained in the F.I.R. are not  verifiable by her  and she cannot support them. A witness Gauresh named in the F.I.R. has also refuted the allegations of the F.I.R.

2. The counsel for the applicant, therefore, says that since the applicant as well as the witness are not supporting the prosecution version, it would be futile to pursue  the case and would  amount to wastage of public time and money and this court should, therefore, interfere under Section 482 Cr.P.C. to put a full stop to a trial, which is not going to yield any fruitful result, and will unnecessarily consume the time of the Court.

3. A compromise has also been filed about the dispute between the complainant / victims and the applicants which is on record.

4. In view  of the affidavits and the compromise between the parties as noted above, it would be in fitness of things   to terminate the proceedings .

5. Order is passed accordingly and  proceedings on the Crime Case No.114 of 1995 ( In Case No. 1027 of 2005) pending in the court of Vth Addl. Chief Judicial Magistrate, Allahabad shall remain terminated.

Dated: 12.2.2007

n.u.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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