Deepak Sharma And Others vs State Of U.P.And Others
2013 Latest Caselaw 712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 10431 of 2012
 

 
Petitioner :- Deepak Sharma And Others
 
Respondent :- State Of U.P.And Others
 
Petitioner Counsel :- Sushil Kumar Pandey
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sushil Kumar Pandey, learned counsel for the applicants and learned AGA for the State.

It is contended by the learned counsel for the applicants that the disputed between the applicant no. 1 and opposite party no. 2, who are husband and wife has been compromised. He further submits that the continuation of the proceedings with respect to present case is a fruitful exercise as the parties has already compromised the matter, hence the proceedings of the present case should be quashed. Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2208) 16 SCC 1, B.S. Joshi Vs. State of Haryana & Others, (2003) 4 SCC 675 and Gian singh Vs. State of Punjab & Haryana & Another, (2012) 10 SCC 303.

Notice on behalf of opposite party No. 1 has been accepted by the learned AGA.

Issue notice to opposite party No. 2 returnable within six weeks at the address given in the petition. If the requisites for issuing the notice under Registered Postal cover with Acknowledgment Due are not filed within ten days, this petition shall stand dismissed without further reference to any Bench of this Court. Opposite party No. 2 may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed with two weeks.

List immediately after expiry of the aforesaid period before the appropriate Bench. Interim order shall continue till the next date of listing.

Order Date :- 10.4.2013

Priyanka