Farman And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 20816 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156227
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 22877 of 2023
 

 
Applicant :- Farman And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Pandey
 
Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava
 

 
Hon'ble Sanjay Kumar Singh,J.

In re: Criminal Misc. Withdrawal Application No. 2 of 2023

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P./opposite party no. 1.

On 26.07.2023 when the case was taken up, following order was passed:-

"At the outset, it is submitted by learned counsel for the applicants that parties concerned have settled their dispute outside the Court, therefore, criminal proceeding against the applicants is liable to be quashed.

On the other hand, learned Additional Government Advocate vehemently opposed the prayer of the applicants by contending that applicants have been summoned under Section 376 I.P.C. also, therefore, in view of judgment of the Apex Court in the case of State of M.P. vs. Laxmi Narayan and others, (2019) 5 SCC 688, parties concerned cannot be permitted to make compromise in the offences which are heinous in nature and against the society at large.

Learned counsel for the applicants prays for and is granted three days time to prepare the case.

List this case on 31.07.2023 as fresh."

Subsequently on 31.07.2023, following order was passed:-

"On the matter being taken up, learned counsel for the applicants submits that the applicants do not want to press this application, therefore, they may be permitted to withdraw this application.

Learned counsel for the applicants prays for and is allowed three days time to move an application in this regard.

List this case on 04.08.2023 as fresh.

In case such an application is moved, the office shall place the same on record."

Pursuant to order dated 31.07.2023, applicants have moved the instant application with a prayer to withdraw this application.

Learned A.G.A. has no objection if the Court allows such prayer of the applicants.

In view of the above, the instant application dated 01.08.2023 is hereby allowed.

In re: Criminal Misc. Application U/s 482 Cr.P.C.

The instant application is dismissed as withdrawn.

Order Date :- 4.8.2023

Saurabh