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Dinesh & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. 5279 of 2003  RD-AH 2228 (12 February 2007)
(Court No. 48)
Criminal Misc. Application No. 5279 of 2003
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.
1. State of U.P.
2. Vth Addl.Chief Judicial Magistrate
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.
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