DHARMENDRA SARRAF AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
A482/15255/2020 · 2025-02-23
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28850 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 78 Case :- APPLICATION U/S 482 No. - 15255 of 2020 Applicant :- Dharmendra Sarraf And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh,Sheo Ram Singh Counsel for Opposite Party :- Deepak Singh Yadav,G.A.,Kripa Shanker Yadav Hon'ble Samit Gopal,J.
1. List revised.
2. No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. despite the fact that there are two learned counsels appearing in the matter.
3. Sri Bade Lal Bind, learned counsel for the State is present. Sri Deepak Singh Yadav, Sri Kripa Shanker Yadav, learned counsels for the opposite party no.2 are also also not present despite the matter being taken up in the revised list.
4. The present application under Section 482 Cr.P.C. has been filed by the applicants Dharmendra Sarraf, Ajay Sarraf, Arvind Sarraf, Bachcha Babu Sarraf, Smt. Mamta Devi and Chinmay @ Mahadev with the prayers to allow this application and quash the entire proceedings of Criminal Case No. 180 of 2020 (State Vs. Dharmendra Sarraf and others), pending before Chief Judicial Magistrate, Ghazipur arising out of Case Crime No. 149 of 2019, under Sections 498-A, 323, 504, 506 IPC, and Section 3/4 D.P. Act, P.S. Dullahpur, District Ghazipur as well as the summoning
order dated 13.1.2020 and the charge sheet filed in the said case and with a further prayer to stay the further proceedings of the aforesaid case.
5. The matter was sent to the Mediation Centre of this Court vide
order dated 13.10.2020 for an effort was made to settle the matter between the parties which as per report dated 31.10.2021 of Mediation and Conciliation Centre of this Court the matter could not succeed and Mediation was completed without any agreement between the parties. Subsequently, a compromise presented before the Court and the same was directed to be verified vide order dated
21.11.2024. The said order quoted herein-below:
"1. Sri Shailendra Kumar Yadav, Advocate holding brief of Sri Sheo Ram Singh, learned counsel for the applicants, Sri Deepak Singh Yadav, learned counsel for the opposite party
no.2 and Sri Birendra Pratap Singh, learned counsel for State are present. 2. It is common ground between learned counsel for the parties while placing paragraph 8 of the short-counter affidavit dated 30.01.2024 filed on behalf of the opposite party no.2 that the applicant no.1 and the opposite party no.2 have settled their dispute since it arose out of matrimonial discord and now they are living together and leading a happy matrimonial life with effect from 06.08.2022. It is further submitted that the parties have decided to get all the disputes resolved between them. 3. Looking to the averment in the said short-counter affidavit and the statement of learned counsel for the parties, in the fitness of things it would be appropriate that the said short- counter affidavit and its contents thereof be verified by the opposite party no.2 for which the certified copy of the same be filed before the C.J.M. concerned who shall record their statements and give his report regarding its verification within a period of two weeks. 4. Let the matter be listed on 09.12.2024 along with the report of the C.J.M. concerned. 5. Interim order, if any, shall remain in currency till the next date of listing."
6. The office has placed before the Court a report of the CJM, Ghazipur through its report dated 17.01.2025 a perusal of which goes to show that neither the said compromise has been filed before the court concerned nor the parties are appearing regularly before the court concerned. 7. Today in the revised list there is no representation on behalf of the applicants to press this application u/s 482 Cr.P.C. despite two learned counsels appearing in the matter. 8. In view of the same, the application is dismissed for want of prosecution. 9. Interim order, if any, stands vacated. 10.
Pending application(s), if any, shall stand disposed of. 11. Office to communicate this order to the concerned court within two weeks from today.
Order Date :- 24.2.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad