Court No. - 45
Case :- CRIMINAL REVISION No. - 3758 of 2011 Revisionist :- K.K. Sharma Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Ram Shiromani Shukla,Manish Tiwari Counsel for Opposite Party :- Govt. Advocate,Kapil Tyagi,Rajesh Tripathi
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
Shri Ansul Kumar Singhal , learned counsel appearing on behalf of complainant /opposite party no.2 has filed an affidavit along with an application praying that entire proceedings of compliant case no. 5880 of 2004 (Sheo Raj Singh Vs. K.K. Sharma) under sections 323, 324, 326, 504, 506 I.P.C. pending in the court of C.J.M., Gautam Budh Nagar may be quashed since parties have entered into compromise dated 31.7.2017.The photocopy of the compromise has been brought on record.
Learned counsel for the revisionist states that compromise annexed with the affidavit of the opposite party no.2 has been entered voluntarily without any compulsion and he has accepted the compromise. The opposite party no.2 has not appeared before the court below. Since he approached this court against the summoning order dated 2.11.2004, therefore, proceeding of the compliant case was stayed by this court.
In view of the above statement of the counsel for the parties and an application along with affidavit filed by the opposite party no.2 proceedings of compliant case no. 5880 of 2004 (Sheo Raj Singh Vs. K.K. Sharma) under sections 323, 324, 326, 504, 506 I.P.C. pending in the court of C.J.M., Gautam Budh Nagar and impugned order dated 2.11.2004 are quashed.
The revision is allowed.
Order Date :- 13.9.2018 Atul kr. sri.