Court No. - 50
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 390 of 2013 Applicant :- Arjun Singh Opposite Party :- State Of U.P. & Another Counsel for Applicant :- K.S. Chahar Counsel for Opposite Party :- Govt. Advocate,Rajesh Kumar Srivastava
Hon'ble Harsh Kumar,J.
List revised. No one is present for the applicant. Learned AGA for the State is present.
Perusal of record shows that in Criminal Case No.2188 of 2011 on the F.I.R. lodged by appellant Arjun Singh Chahar, the respondent no.2 was convicted for the offences under section 452 and 324 IPC and sentenced accordingly vide jugdment and order dated 4.10.2012 of A.C.J.M., Court No.9, Agra, who acquitted him from the offences under sections 326 and 504 IPC. The accused-respondent filed Criminal Appeal No.273 of 2012 against the conviction part of the judgment of A.C.J.M.,Court No.9, Agra, while appellant/first informant filed Criminal Revision No.496 of 2012 against acquittal part and by the impugned judgment and order dated 19.10.2013, the Additional Sessions Judge, Agra dismissed the Criminal Revision No.496 of 2012 and allowing the Criminal Appeal No.273 of 2012, acquitted the respondent no.2 from the offences under sections 452 and 324 IPC also. Hence, this appeal has been filed by first informant under section 372 Cr.P.C.
Perusal of record also shows that learned counsel for the applicant had moved an application for withdrawal of appeal with affidavit of applicant Arjun Singh stating therein that parties belong to same family and have compromised their matter. Though there is none to press the withdrawal application, but from above it appears that parties have come to terms during the course of time and the applicant-appellant is not willing to prosecute the appeal.
In view of the facts on record, the appeal by first informant under section 372 Cr.P.C. is dismissed for non prosecution.
Let the lower court record be sent back to court below forthwith along with a copy of this order.
Order Date :- 28.5.2018 Tamang