Dharmendra Tiwari and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 2531 of 2024 Applicant :- Dharmendra Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar Mishra,Akhilesh Kumar Mishra,Arvind Kumar Pathak Counsel for Opposite Party :- G.A.,Rang Nath Misra Hon'ble Rajeev Singh,J.

¶1Heard.

¶2The instant application has been filed by the applicants with following prayer:- "To quash the entire proceedings of the Criminal Case No. 7056 of 2009 "State Versus Shivanand Tiwari and others" arising out of Case Crime No. 181 of 2009 under Sections 427, 323, 352, 504, 506 I.P.C., Police Station-Rajesultanpur, District-Ambedkar Nagar pending in the Court of Additional District and Sessions Judge, F.T.C.-1, Ambedkar Nagar and impugned summoning order dated 16.11.2023 as well as impugned charge-sheet dated 20.4.2009."

¶3In pursuance of earlier order, the parties, namely, Dharmendra Tiwari, Sarveh Upadhyaya and Shriniwas (applicants) and Tarkeshwar (private respondent) are present today before this Court. They have been duly identified by their respective counsel. They has jointly stated that the issue has already been resolved between them.

¶4The private respondent has also stated that he does not want to prosecute the applicants, hence, proceedings may be quashed.

¶5Learned counsel for the applicants and learned counsel for the private respondent jointly concedes the fact that the issues has already been resolved between the parties.

¶6Considering the submissions of learned counsel for the parties as well as statements of the parties and going through the contents of the application including other relevant documents, it is evident that the issue has already been resolved between the parties and now the private respondent does not want to prosecute the applicants. In such circumstances, the trial would be futile one.

¶7In view of above, this application is allowed. The entire proceedings of the Criminal Case No. 7056 of 2009 "State Versus Shivanand Tiwari and others" arising out of Case Crime No. 181 of 2009 under Sections 427, 323, 352, 504, 506 I.P.C., Police Station-Rajesultanpur, District-Ambedkar Nagar pending in the Court of Additional District and Sessions Judge, F.T.C.-1, Ambedkar Nagar and impugned summoning order dated 16.11.2023 as well as impugned charge-sheet dated

20.4.2009 are hereby quashed. Order Date :- 18.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench