Disposed

Yogendra v. State of U.P. and Another

Allahabad HC28 Aug 2023CRLP/19100/2008

Case brief

AI extract

What is this about?

Judgment in a Criminal Misc. Writ Petition filed under Section 125 Cr.P.C. The Court disposed of the petition following a settlement in a related civil revision matter where parties agreed to withdraw pending cases and not proceed further against each other.

What did the court decide?

The writ petition was disposed of finally based on the parties' settlement agreement to withdraw pending cases and not proceed further against each other.

Yogendra Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172916

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19100 of 2008 Petitioner :- Yogendra Respondent :- State of U.P. and Another Counsel for Petitioner :- R.C. Tiwari,S.M.A. Abdy Counsel for Respondent :- Govt. Advocate,Ajay Kr.Singh,Vivek Kr.Singh

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared on behalf of opposite party no. 2.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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The present writ petition has been filed by the petitioner with the prayer to quash the impugned order dated 23.6.2008 passed by Judicial Magistrate-I, Baghpat in Case No. 1161 of 2008, under Section 125 Cr.P.C. Police Station Baraut, District Baghpat and the impugned order dated 26.09.2008 passed by Sessions Judge, Baghpat in Revision No. 103 of 2008.

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It is submitted by learned counsel for the petitioner that there was civil revision pending before the learned District Judge bearing No. 59 of 2010 which was related to Section 13 of Hindu Marriage Act and was settled on the basis of compromise dated 31.07.2013. In that settlement the detail of this petition was also mentioned and it was agreed between the parties that no any dispute remained pending between the parties. The matter was settled for amount of Rs. 1,70,000/- as aggregate. Further submitted that as agreed upon by the parties that they would withdraw the cases filed before this Court on the basis of present compromise and in future they would not proceed against each other. It is also submitted that the copy of compromise dated 31.7.2013 and copy of order passed by the learned court in civil revision on 29.8.2013 has been filed through supplementary affidavit, therefore, request to dispose of the petition in the light of aforesaid compromise.

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Learned A.G.A. has no objection in this regard.

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Since, the matter has been settled amicably between the parties in civil revision as aforesaid in which both of them agreed to withdraw the cases pending before this Court and not to proceed further in future against each other, therefore, this petition be also disposed of.

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Accordingly, the present petition is disposed of, finally.

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Order Date :- 28.8.2023/A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Yogendra v. State of U.P. and Another

Case brief

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Yogendra v. State of U.P. and Another

Case brief

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