Subhash Upadhyay and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 2544 of 2024 Applicant :- Subhash Upadhyay And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surya Narayan Upadhyay,Rang Nath Misra Counsel for Opposite Party :- G.A. 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 Session Trial No. 188 of 2011 "State Versus Shambhunath and others" arising out of Case Crime No. 692 of 2008 Under Sections 147, 323, 504, 506, 308 I.P.C., Police Station-Rajesultanpur, District-Ambedkar Nagar pending in the Court of Additional District and Sessions Judge, F.T.C. 1st, Ambedkar Nagar and impugned summoning order dated 16.11.2023 as well as impugned charge sheet dated 29.10.2008."

¶3In pursuance of earlier order, the parties, namely, Subhash Upadhyay, Gautam Upadhyay, Tarkeshwar Upadhyay (applicants) and Dharmendra Nath Tiwari (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 parties 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 Session Trial No. 188 of 2011 "State Versus Shambhunath and others" arising out of Case Crime No. 692 of 2008 Under Sections 147, 323, 504, 506, 308 I.P.C., Police Station-Rajesultanpur, District-Ambedkar Nagar pending in the Court of Additional District and Sessions Judge, F.T.C. 1st, Ambedkar Nagar and impugned summoning order dated

16.11.2023 as well as impugned charge-sheet dated 29.10.2008 are hereby quashed. Order Date :- 18.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench