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Allahabad High Court

AVI GUPTA AND 3 OTHERSversusSTATE OF U.P AND ANOTHER

Decided

Holding

The court held that a settled dispute renders the application under Section 482 CrPC infructious and must be dismissed.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief. Counsel for the applicants informed the court that the dispute between the parties had been settled, rendering the petition moot. The court considered whether the application could proceed in light of the settlement. It held that a settled matter makes the petition infructious and therefore cannot be entertained. Consequently, the application was dismissed as infructious.

Issues considered

  • Whether an application under Section 482 CrPC can be entertained when the parties have settled the dispute?

Legislation cited

Subjects

  • settlement
  • Section 482
  • Criminal Procedure Code
  • infructious application
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 33489 of 2022

                                    Avi Gupta And 3 Others
                                                                                               .....Applicant(s)
                                                                      Versus

                                    State Of U.P And Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Nipun Singh, Prabhat Chandra Mishra
                                    Counsel for Opposite Party(s) : Chandra Bhushan Prasad, G.A.

                                    Court No. - 74
                                                        HON'BLE DEEPAK VERMA, J.

                                    1. Sri Parijat Sharma, learned counsel appearing on behalf of the
                                    applicants submits that the matter between the parties has been settled, as
                                    such, the present petition has become infructious.

                                    2. Accordingly, the present application u/s 482 Cr.P.C. is dismissed as
                                    infructuous.



                                                                                           (Deepak Verma,J.)
                                    September 9, 2026
                                    Nisha




Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad


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