The Hon'ble Court dismissed an application under Section 482 Cr.P.C. as infructuous and for want of prosecution, noting the parties had settled the matter and none were present to press the application.
Application dismissed as infructuous and for want of prosecution. Any interim order stands vacated.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 34702 of 2008
Applicant :- Ishtiyaq Opposite Party :- State Of U.P.And Another Counsel for Applicant :- M.A. Khan Counsel for Opposite Party :- Govt. Advocate,I.M. Tripathi,Mohd. Akram
Hon'ble Krishan Pahal,J.
None is present in the revised list.
From the perusal of the record, it transpires that the application dated 6.12.2009 has been filed by the opposite party, wherein it has been contended that the parties have settled the matter and do not want to pursue it any further. The case may be disposed of by mutual consent of the parties.
It appears that by efflux of time either cause of action no more survives or for any other reason, the matter has been rendered infructuous. That is why none is present to press this application.
Accordingly, the application is dismissed as infructuous as well as for want of prosecution.
Interim order, if any, stands vacated.
Office is directed to inform the trial court concerned about this order within a month.
Order Date :- 30.11.2021 Shalini
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. can be dismissed as infructuous due to non-prosecution and settlement between parties.
Ishtiyaq
Krishan Pahal
As recorded by the court registry
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