Allahabad High Court
Shailesh Tripathi And 5 Others vs State Of U.P. And Another on 8 January, 2020
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 12792 of 2015 Applicant :- Shailesh Tripathi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- Govt. Advocate,T K Mishra Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Mishra, learned counsel for the applicants and Sri K.K. Yadav, holding brief of Sri T. K. Mishra, learned counsel for the opposite party no.2 as well as learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Complaint Case No.523 of 2013 (Smt. Laxmi Vs. Shailesh Tripathi and others), under Section 406 I.P.C., P.S. Refinery, District Mathura, pending in the court of Judicial Magistrate, Mathura.
It has been argued by the learned counsel for the applicants that in terms of Court?s order dated 20.02.2017, applicant nos.1, 2 and 6, namely, Shailesh Tripathi, Bajrangi Tripathi and Smt. Indrawati Tripathi have appeared before the trial court and the trial proceeding against them continued and ultimately vide judgement and order dated 5.06.2018 passed by the Additional Chief Judicial Magistrate, Court No.3, Mathura, they have been acquitted. Certified copy of the judgement and order has been produced before this Court which is taken on record.
Learned counsel for the applicants has argued that so far as applicant nos. 3, 4 and 5 are concerned, they are brother-in-law (Dewar), uncle-in-law (Chachia Sasur) and brother-in-law (Jeth) of opposite party no.2 and essentially the dispute between the parties is matrimonial one. The opposite party no.2 has entered into compromise with her husband and other accused who have been acquitted on the basis of her resiling from prosecution version. At present, so far as other applicants are concerned, a joint affidavit has been filed by both the parties and learned counsel for the opposite party no.2 states that his client has no objection if the proceedings are quashed against the applicant nos. 3, 4 and 5, namely,Sarvesh, Brijesh and Vijay Tripathi.
In view of aforesaid, the proceeding of aforesaid case is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 8.1.2020 MN/-