Allahabad High Court
Rajat Agrawal vs State Of U.P. And Another on 20 July, 2023
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:144776
Court No. - 79
Case :- CRIMINAL REVISION No. - 2989 of 2022
Revisionist :- Rajat Agrawal
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Nipun Singh,Vivek Chaubey
Counsel for Opposite Party :- G.A.,Ashish Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Rishi Upadhyay, learned Advocate holding brief of Sri Nipun Singh, learned counsel for the revisionist, learned A.G.A. for the State, Sri Ashish Kumar Singh, learned counsel appearing on behalf of opposite party no. 2 and perused the record.
This criminal revision has been filed against the order dated 13.05.2022, passed by Additional District and Sessions Judge, P.O.C.S.O. Act-III, Hapur, in Criminal Revision No. 115 of 2017 ( Kapil Goyal vs. State of U.P. and another), under Section 397 Cr.P.C., Police Station Hapur Nagar, District Hapur, whereby the order dated 04.08.2017, passed by Judicial Magistrate,-I, Hapur, in Case No. 1057 of 2016 (Kapil Goyal vs. Rajat Agrawal) has been set aside.
It is submitted by learned counsel for the revisionist that the complaint filed by opposite party no. 2 was rejected by learned Judicial Magistrate-I, Hapur, vide order dated 04.08.2017, passed in Case No. 1057 of 2016 (Kapil Goyal vs. Rajat Agrawal). Thereafter, the complainant opposite party no. 2 had preferred the revision being Criminal Revision No. 115 of 2017 (Kapil Goyal vs. State of U.P. and another), which was allowed, vide order dated 13.05.2022 and the order of learned Magistrate dated 04.08.2017 was set aside and the matter was remitted back to the Magistrate concerned to decide the case afresh. The order of revisional court dated 13.05.2022 has been challenged by the revisionist by means of present criminal revision before this Court.
It is submitted by learned counsel for the revisionist that there was some money dispute between the parties in respect of rent and the parties have amicably settled their dispute out side the court.
Learned counsel appearing on behalf of opposite party no. 2 does not dispute the aforesaid facts.
This Court vide order dated 10.05.2023 has directed the parties to appear before the District Legal Services Authority, Hapur / District Judge, Hapur for taking efforts for amicable settlement between the parties.
In compliance of order dated 10.05.2023, both the parties have appeared before the authority and had amicably settled their dispute on 04.07.2023. The certified copy of order / report of Civil Judge (S.D.)-II, Hapur / Mediator has been produced before this Court, which is annexed as Annexure No. SA-1 to the supplementary affidavit filed on 19.07.2023.
Since the parties have amicably settled their dispute outside the Court and the same has been duly verified by the learned court below, and the complainant opposite party no. 2 does not want to prosecute the revisionist, the judgment and order is liable to be set aside.
In view of above facts, the criminal revision is allowed and judgment and order dated 13.05.2022, passed by Additional District and Sessions Judge, P.O.C.S.O. Act-III, Hapur, in Criminal Revision No. 115 of 2017 ( Kapil Goyal vs. State of U.P. and another) is set aside.
Order Date :- 20.7.2023
sailesh
