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2023 DAILYLAW 3208 (ALL)

RAMESH VISHWAKARMA v. STATE OF U.P. AND ANOTHER

A482/34633/2023 · 2026-05-11

Samit Gopal

body2023

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 34633 of 2023 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Arvind Kumar Rai, learned counsel for the applicant, Sri Triveni Saran Rai, learned A.G.A. for the State is present. Perused the records. Sri Amit Kumar Pandey, learned counsel for the opposite party no. 2 is not present. 3. This application has been filed by the applicant with the following prayers:- It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the charge sheet dated 19.09.2022 as well as cognizance and summoning order dated 29.09.2022 passed by Civil Judge (Jr.Div)/F.T.C 02, Varanasi in Case No.206350 of 2022, State Versus Ramesh Vishwakarma and Others (Arising out of Case Crime No.18 of 2022), Under Section 498A, 323,506 I.P.C. Police Station Mahila Thana Badagaon, District Varanasi. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No.206350 of 2022, State Versus Ramesh Vishwakarma and Others (Arising out of Case Crime No.18 of 2022), Under Section 498A, 323, 506 I.P.C. Police Station Mahila Thana Badagaon, District Varanasi, Pending in the Civil Judge (Jr.Div)/F.T.C 02, Varanasi, during the pendency of the present criminal misc. application, otherwise the applicant shall suffer an irreparable loss and Versus Counsel for Applicant(s) : Arvind Kumar Rai Counsel for Opposite Party(s) : Amit Kumar Pandey, G.A. Ramesh Vishwakarma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the fact and circumstances of the case." 4. The matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 26.09.2023. As per office report 29.2.2024 a report of Mediation and Conciliation Center of this Court is placed on record. This Court has perused the same and the said report dated 10.1.2024 shows that mediation has completed but no agreement could not arrived between the parties. 5. Learned counsel for the applicant submits that the present application be dismissed as not pressed. Prayer is allowed. 6. The matter is dismissed as not pressed. 7. Pending application(s), if any, shall stand disposed of. 8. Interim order, if any, stand vacated. 9. Registrar (Compliance) to communicate this order to the concerned trial court/District Judge for information and necessary action within two weeks. May 12, 2026 Naresh A482 No. 34633 of 2023 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad