Citation : 2022 Latest Caselaw 18161 ALL
Judgement Date : 21 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 39364 of 2010 Applicant :- Ajay @ Tunnu @ Dhunnu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra P. Srivastava Counsel for Opposite Party :- Govt. Advocate Hon'ble Saurabh Shyam Shamshery,J.
1. Applicants-1 and 2, Ajay alias Tunnu alias Dhunnu and Smt. Basmati, Opposite Party No. 2, Ram Milan and the victim are present before this Court.
2. According to record a FIR was lodged 18.07.2009 against present applicants being Case Crime No. 998 of 2009, under Sections 363, 366, 504, 506 IPC and 3(2)(5) of SC/ST Act, wherein after investigation charge sheet was filed which was challenged before this Court by way of filing present application and this Court vide order dated 17.01.2011 has directed not to take any coercive action against applicants. It appears that thereafter this application was not listed for many years. Today parties before this Court appear in person and submit that Applicant-1 is happily residing with his wife and they have four children out of their wedlock. The father (complainant) is also present states that he is happy that his daughter is happily residing with her husband and he has no objection if proceedings are quashed on the basis of subsequent events.
3. Learned AGA appearing for State has no objection.
4. In view of above also taking note of the judgment passed by Supreme Court in Jatin Agarwal vs. State of Telangana and another (Criminal Appeal No. 456 of 2022), decided on 21st March, 2022 the proceedings of Case No. 1923 of 2010 (State vs. Ajay alias Tunnu alias Dhunnu and another), arising out of Case Crime No. 998 of 2009, under Sections 363, 366, 504, 506 IPC and 3(2)(5) of SC/ST Act, Police Station Bakhira, District Sant Kabir Nagar, are hereby quashed.
5. The parties undertake that they will deposit Rs. 1000/- before High Court Legal Services Authority.
Order Date :- 21.11.2022
AK
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