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2025 DAILYLAW 103400 (ALL)

DILSHER v. State of UP AND ANOTHER

CRLR/5178/2024 · 2025-10-09

Harvir Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5178 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2, learned A.G.A. for the State. 2. The present revision has been filed against the order dated 16.8.2024 passed by Additional Chief Judicial Magistrate / Additional Civil Judge (S.D.), Court no. 5, Kanpur Nagar in Application No. 1171 of 2024 (Dilsher vs. Mala Kushwaha), under Section 156(3) Cr.P.C., P.S. Nawabganj, District-Kanpur Nagar, by which the application moved by the revisionist under Section 156(3) Cr.P.C. has been dismissed. 3. Learned counsel for the revisionist has submitted that, despite there being sufficient evidence, the application of the revisionist has been dismissed by learned A.C.J.M. / Additional Civil Judge (S.D.), Kanpur Nagar. He next submitted that on a plain reading of the complaint itself, a cognizable offence is made out against the opposite party no. 2 but the learned A.C.J.M. dismissed the said application in a cursory manner and prayed that the order passed by learned A.C.J.M., dated 16.08.2024 is liable to be set aside. 4. On the other hand learned counsel for the opposite party no. 2 has submitted that, there appears to be some dispute between the parties, which is of trivial nature and no criminal offence, whatsoever has been made out against the opposite party no. 2 and based on the fact that the dispute between the parties is of trivial nature, learned A.C.J.M. has rejected the said application moved by the revisionist. Moreover, both the parties have also entered into some compromise on 10.2.2024, which is a matter of record, but the revisionist herein, in order to falsely implicate the opposite party no. 2 Versus Counsel for Revisionist(s) : Rama Pati Tripathi Counsel for Opposite Party(s) : Amit Kumar Verma, G.A. Dilsher .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) has filed present complaint and now the instant revision. He further submitted that she was taking care of the minor son of revisionist, however due to some trivial issue, this false complaint has been filed against opposite party no. 2, which was dismissed being devoid of merits and prayed that the present revision is also liable to be dismissed being devoid of merits. 5. Having considered the rival contentions and the findings arrived at by learned A.C.J.M., this Court has reached to a conclusion that there is a trivial issue, which is of civil nature between the parties and the parties, prior to present litigation have entered into a compromise dated 10.2.2024, hence no case is made out against the opposite party no. 2. The order passed by Additional Chief Judicial Magistrate / Additional Civil Judge (S.D.), Court no. 5, Kanpur Nagar, dated 16.08.2024 is perfectly valid and in accordance with law, hence no interference is required by this Court. 6. The instant revision is devoid of merits and is accordingly dismissed. October 10, 2025 Faridul CRLR No. 5178 of 2024 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad