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2025 DAILYLAW 117722 (ALL)

RAISA KHAN and ORS. v. THE STATE OF U.P. and ANR.

/6068/2017 · 2025-08-06

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45899 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6068 of 2017 Applicant :- Raisa Khan And Ors. Opposite Party :- The State Of U.P. And Anr. Counsel for Applicant :- Nishit Upreti Counsel for Opposite Party :- Govt. Advocate Hon'ble Syed Qamar Hasan Rizvi,J. 1. The present has been taken up in the revised list. No one has appeared on behalf of the applicant to address the Court though Shri Anshuman Verma, learned A.G.A. for the State is present. 2. The present application under Section 482 Cr.P.C. has been filed in the year 2017 with the prayer to quash/set aside the charge sheet No. 1 dated 11.09.2016 arising out Case Crime No. 568 of 2016, under Sections 147, 323, 504 and 506 IPC, Police Station Wazirganj, District Lucknow pending in the court of learned Special Additional Chief Judicial Magistrate, (A.P.), Lucknow as well as entire proceedings of Criminal Case No. 667 of 2017 may also be quashed. 3. The present application is pending since 2017. This Court vide order dated 14.9.2017 passed the following orders:- "Heard learned counsel for the parties. The petitioners and opposite party no.2 belong to the same family. Both the parties have lodged two separate FIRs giving rise to the criminal proceedings against each other. The subsequent FIR lodged by opposite party no.2 was promptly investigated and a charge-sheet has been submitted. By order dated 02.09.2016 the cognizance has also been taken against the petitioners in case crime nos. 568 of 2016 and 667 of 2017 under Sections 147, 323, 504, 506 IPC whereas, the earlier FIR has not yielded any such prompt action. Issue notice to opposite party no.2. returnable at an early date. List after service of notice. Till the next date of listing, coercive measures in pursuance of the order impugned shall remain in abeyance. However, it is open to the parties to explore the possibility of an amicable settlement, if they, so chose." 4. Perusal of office report dated 5.8.2025 shows that steps have not been taken by the applicants. It appears that the applicants have lost interest to pursue the case, hence no useful purpose would be served to keep it pending on the strength of interim order for indefinite period. 5. In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution. Interim order dated 14.9.2017 is hereby vacated. 6. In case, if cause of action still survives, then applicant may approach this Court to recall this order within a period of thirty days from today. 7. A copy of this order be communicated to the court concerned forthwith to enable it to proceed with the case expeditiously in accordance with law. Order Date :- 6.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench