AADESH KUMAR JAIN AND ORS. Vs. STATE OF U.P. AND ANR.
LAWS(ALL)-2012-1-758
HIGH COURT OF ALLAHABAD
Decided on January 17,2012

Aadesh Kumar Jain And Ors. Appellant
VERSUS
State of U.P. And Anr. Respondents

JUDGEMENT

Surendra Singh, J. - (1.) AFFIDAVIT has been filed today which may be placed on record.
(2.) THE challenge in this revision is the impugned judgment and order dated 24.8.2006 passed by Additional Sessions Judge, Court No.5, Ghaziabad in Criminal Appeal No.83 of 2005 (Aadesh Kumar Jain Vs. State) under Sections 323, 324, 504 IPC, P.S. Sihani Gate, District Ghaziabad to the extent that of upholding the conviction under Sections 323/34 and 324/34 IPC recorded by the Special Judicial Magistrate, C.B.I. Ghaziabad vide judgment and order dated 6.7.2005 in Criminal Case No. 6027 of 2004 (State Vs. Aadesh and others). I have heard learned counsel for the revisionists as well as learned A.G.A. and Sri L.K. Dwivedi, learned counsel appearing on behalf of opposite party no. 2 and also perused the material placed on record.
(3.) THE marriage of opposite party no. 2 was solemnised with Smt. Neelam Jain, daughter of Virendra Kumar Jain (sister of revisionist no. 3) on 1.2.1998 and out of their wedlock one son, namely, Sparsh Jain was born. However, due to some differences between Vikas Jain, opposite party no. 2 and Smt. Neelam Jain, matrimonial dispute arisen and cases were filed in different courts by the respective parties. The present criminal revision, which has been filed by the revisionists arising out of case crime no. 401 of 1999, under Sections 323, 324, 504 IPC of police station Sihani Gate, District Ghaziabad, is also the outcome of the matrimonial dispute. The revisionists are maternal uncle, the Mausa and the brother of Smt. Neelam Jain respectively. The revisionists and the opposite party no. 2 have settled their dispute amicably and have entered into compromise which has been reduced in writing and has been signed by the present revisionists and some other family members and complainant/opposite party no. 2 and his family members. The memo of compromise was written/signed on 23.10.2011. The same was filed along with the affidavit filed in support of the joint compromise application, which is already on the record.;


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