Allahabad High Court
Smt. Raja Beti vs State Of U.P. And Others on 19 December, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:240326
Court No. - 69
Case :- CRIMINAL REVISION No. - 1000 of 2001
Revisionist :- Smt. Raja Beti
Opposite Party :- State of U.P. and Others
Counsel for Revisionist :- Pramod Kumar Sharma
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Samit Gopal,J.
1. List revised. No one appears on behalf of the revisionist to press this revision.
2. Sri Virendra Pratap Singh, learned counsel for the State is present. Sri Harish Chandra Mishra, learned counsel for the opposite party nos. 2 to 4 is also not present despite the matter being taken up in the revised list.
3. On 17.10.2023 bailable warrants were issued against opposite party nos. 2 to 5. Subsequently on 08.12.2023 the following order was passed by this Court:-
"1. List revised. No one appears on behalf of the revisionist to press this revision. Sri Harish Chandra Mishra, Advocate appears on behalf of opposite party nos.2, 3 and 4. Sri B.P. Singh, learned A.G.A for the State is also present.
2. Bailable warrants were issued against the opposite party nos.2 to 5 since there was no representation on their behalf despite service of notice on them vide order dated 17.10.2023. As per office report dated 21.11.2023, the opposite party no.5 had died whereas bailable warrants have been executed on opposite party nos.2 to 4. The opposite party nos.2 to 4 are represented.
3. The revision in so far as opposite party no.5 is concerned, stands dismissed.
4. Learned counsel for the opposite party nos.2 to 4 places joint application dated 29.11.2023 that the parties have entered into a compromise and the application as such has been filed to dismiss the above revision on the basis of said compromise.
5. Since there is none present to press this revision even in the revised list, in the interest of justice, the matter is adjourned for today.
6. Let the matter be listed on 19.12.2023 peremptorily."
4. Today despite the matter being taken up in the revised list and a joint application dated 22.11.2023 being filed in the matter with the prayer to dismiss the said revision on the basis of compromise between the husband and wife/opposite party no.2 no one is present to press this revision and even the application aforesaid. The said application has been filed with the following prayer:-
"It is therefore, Most Respectfully prayed that this Hon'ble Court may be pleased to allow this application and dismissed the above revision on the basis of compromise between the husband and wife (opposite party no.2 and victim/wife). And/or be pleased to pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case."
5. The present revision has been filed by the revisionist Smt. Raja Beti with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the revision and set aside the judgment and order dated 15.01.2001 passed by Sri Umeshwar Pandey, Sessions Judge, Jhansi in Criminal Appeal No. 53/2000, under Section 498-A IPC, Pramod Kumar and others Vs. Smt. Raja Beti and another, and the respondent no.2 to 5 may convicted for committing offence under Section 498-A IPC.
It is further prayed that the operation of the impugned order dated 15.01.2001 may be stayed during the pendency of the aforesaid revision in this Hon'ble Court."
6. Since there is a prayer and an application for dismissing the above revision on the basis of compromise, the revision is dismissed and consigned to records.
7. The trial court records, if received, be sent back along with the communication of this order. Office to communicate this order to the concerned trial court within two weeks from today.
Order Date :- 19.12.2023
M. ARIF
(Samit Gopal, J.)
