ASHISH SAXENA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/5170/2017 · 2025-09-10
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50325 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50325 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5170 of 2017 Court No. - 64 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. No one appears on behalf of the applicant(s) to press this application under Section 482 Cr.P.C. Sri Sushant Mishra, learned counsel for the opposite party no. 2 is also not present even in the revised list. 3. Sri V.D. Ojha, learned AGA for the State is present. 4. The present application under Section 482 Cr.P.C. has been filed by the applicants with the following prayers:
"It is, therefore Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application and quash the entire proceeding Criminal Case No. 711/2016 (State Vs. Ashish Saxena and another) arising out of Case Crime No. 16 of 2016, under section 376(2)(n), 506 I.P.C. Police Station C.B. Ganj, District- Bareilly including N.B.W. order dated 20.06.2016 issued by learned Additional Chief Judicial Magistrate -V, Bareilly. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 711/2016 (State Vs. Ashish Saxena and another) arising out of Case Crime No. 16 of 2016, under section 376(2) (n), 506 I.P.C. Police Station C.B. Ganj, District-Bareilly including N.B.W. order dated 20.08.2016, pending in the Court of learned Chief Judicial Magistrate-V, Bareilly in the light of compromise between Versus Counsel for Applicant(s) : Surendra Nath Shukla Counsel for Opposite Party(s) : G.A., Sushant Mishra Ashish Saxena And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the parties (Certified copy of the compromise contained in the Annexure No.4), otherwise the applicants shall suffer irreparable loss and injury. "
5. Vide order dated 16.2.2017 it was directed to verify the compromise annexed as annexure no. 4 to the affidavit by the court concerned. As per office report dated 10.9.2025 report regarding the same has not been received. 6. This matter is reported by the office through the report dated 03.3.2025 of Registrar (J) (Listing) that it is likely to be infructuous. 7. Perused the records. 8. Since there is no one appearing on behalf of the applicant(s) to press this application U/s 482 Cr.P.C., the matter being likely to have become infructuous by efflux of time. 9. The present application is dismissed as infructuous. 10. Interim order, if any, stands vacated. 11.
Registrar (Compliance) to communicate this order to the District and Sessions Judge/trial court concerned within a week. September 11, 2025 Naresh A482 No. 5170 of 2017 2 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad