Devi Narayan Jaiswal v. State of U.P. and Anr

Court No. - 12 Case :- CRIMINAL REVISION No. - 996 of 2017 Revisionist :- Devi Narayan Jaiswal Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Rajendra Pratap Singh,Rakesh Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Lal Bahadur Khan Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the revisionist, learned counsel for the private respondent as well as learned AGA and perused the record.

¶2Present revision is filed with the following prayer:- "To set aside impugned judgement and order dated 14.09.2017 in criminal Appeal No.21 of 2015 and impugned judgement and order dated

21.03.2015 in Criminal Case No.2624 of 2012."

¶3In pursuance of earlier order parties are present before this Court and they have been duly identified by their respective counsels.

¶4Learned counsel for the parties jointly accepted that Rs. 75,000/- is deposited before this Court below in pursuance of earlier order dated 04.10.2017 and Banker's cheque no.111025 dated 21.08.2023 amounting Rs. 50,000/- Bank of Baroda, Niyama Branch, is placed before this Court in the name of Rajendra Nath Srivastava and the same is handed over to the private respondent and it is also submitted by counsel for the revisionist that Rs. 75,000/- which is deposited before the Court below be remitted in favour private respondent, he has no objection to the same. In total Rs. 1,25,000/- be provided to the private respondent in the form of amount deposited before the court below as well as the aforesaid draft. Private respondent has no objection in case the proceeding is quashed and the settlement has already been executed between the parties on

13.09.2023 which is annexed with the application for disposal of the present revision.

¶5Considering submission of learned counsel for the parties and going through the contents of the agreement dated 13.09.2023, present revision is allowed. Impugned proceeding is hereby set aside.

¶6Court below is directed to release the amount Rs. 75,000/- in favour of the private respondent forthwith. Order Date :- 2.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench