Allahabad High Court
Daya Ram Yadav And Others vs State Of U.P. And Another on 9 September, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:146508 Court No. - 82 Case :- APPLICATION U/S 482 No. - 21998 of 2007 Applicant :- Daya Ram Yadav And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabodh Gaur Counsel for Opposite Party :- Govt. Advocate Hon'ble Subhash Chandra Sharma,J.
Heard Sri Harendra Yadav learned counsel for the applicants as well as learned A.G.A. are present.
This application has been filed with a prayer to allow this application and quash the order dated 02.12.2006 summoning the applicants and all further proceedings in Criminal Case No. 22 of 1998 (Ram Ratan Vs. Ram Adhar and others) pending before the Judicial Magistrate 1st Class, Azamgarh.
It is submitted by learned counsel for the applicants that in this case both the parties have entered into compromise but applicant Lothar resides abroad that was the reason compromise could not be verified by the learned court, therefore, request to permit the complainant to make an application before the learned trial court to withdraw the complaint under Section 257 Cr.P.C.
Learned A.G.A. has no objection in this regard.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. and perusal of record, since the case is instituted on a complaint and complainant does not want to prosecute further in the case on the basis of compromise between the parties, therefore, it is directed that he may file an application for withdrawal in view of Section 257 Cr.P.C. within a period of 30 days. The learned trial court will consider the application of withdrawal and pass appropriate order in view of Section 257 Cr.P.C. and also taking in view the fact that the matter has already been settled amicably between the parties.
Accordingly, this application is disposed of finally.
Order Date :- 9.9.2024 Suraj Srivastav