JUDGMENT Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. to quash the recovery proceedings pending before the 4th Addl. District and Sessions Judge, Hardoi in compliance of the order passed by this Court in Criminal Appeal No. 829 of 1988, Ram Saran and others v. State of U.P. 2. The facts relevant for disposal of this application are that the applicants Om Prakash and Chandra Prakash and three others named Ram Saran, Smt. Kamla and Smt. Ramshree were accused in a case under Sections 498A and 306 I.P.C. and they were tried for these offences in S.T. No. 13/87 by Sri S.M. Goel, IVth Addl. Sessions Judge, Hardoi, and they were convicted for these offences, vide judgement and order dated 5.12.1988. They were sentenced to two years R.I. under Section 498-A, I.P.C. and four years R.I. under Section 306 I.P.C. Aggrieved with that judgement and order, they filed Criminal Appeal No. 829 of 1988, before this Court. This appeal was heard and decided on 23.9.02 by this Court. It appears from perusal of that judgement and order of this Court that the learned Counsel for the appellants did not press the appeal on merits and made a prayer for awarding fine in lieu of the imprisonment, and so the Court, taking into consideration the submission made by him, reduced the sentence of imprisonment awarded to the appellants to the period already undergone by them, and imposed a fine of Rs. 7,000/- each in respect of each of the offence punishable under Sections 498A and 306, I.P.C. to each accused person. Thereafter the proceedings were taken before the trial Court for recovery of the amount of fine and it appears from perusal of the order sheet of the case that the applicants Om Prakash and Chandra Prakash deposited fine of Rs. 14,000/-. Regarding the remaining three appellants, it was alleged that they had died during the pendency of the appeal, and this fact was not brought to the notice of the Court at the time of hearing of appeal that the appeal had abated in respect of these appellants, and so no amount could be realised from them (applicants) as heirs of these appellants who were not alive on the date of the judgment and so no order imposing fine against these deceased appellants could be passed on that date. Since the executing Court did not accept this contention of the applicants, and issued recovery warrants against the applicants, they have filed this application under Section 482, Cr.P.C. 3. I have heard the learned Counsel for the applicants as well as the learned A.G.A. for the State. 4. A report was called in this case from the Police regarding death of the aforesaid Accused Ram Saran, Smt. Kamla and Smt. Ramshree. The C.J.M. has submitted a report vide his letter No. 237/3B dated 25.10.04 with which he has enclosed the report of Sri Ramayan Pandey, S.I. of P.S. Harpalpur District Hardoi stating that Ram Saran had died in the year 1994, Smt. Ramshree had died in the year 1990 and Smt. Kamla had died in the year 1997. A certificate to this effect issued by Gram Pradhan on 25.10.2004 has also been annexed with this report. The C.J.M. has also recorded the statements of Sri Ramayan Pandey S.I. and of Sri Chandra Prakash and Om Prakash sons of Ram Saran and Smt. Kamla and also of Sri Jagannath, village Pradhan. In view of this report of the C.J.M., the A.G.A. did not dispute the factum of death of aforesaid three persons in the years as described in the report. 5. It is clear that the appeal of the applicants was decided by this Court on 23.9.2002 when all the aforesaid three persons had died, and so the appeal had abated in respect of aforesaid three appellants. As such, no fine could be imposed upon them after their death. Learned Counsel for the appellants at that time did not bring this fact to the notice of the Court while arguing the appeal and so an order was passed imposing fine in lieu of the punishment of imprisonment. In view of the fact that the appeal had abated in respect of these three appellants, no fine could be imposed upon these dead persons at that time and so no recovery proceedings could be initiated against them and the recovery proceedings in respect of these appellants who had died during the pendency of the appeal, could be taken. So the recovery proceedings initiated against their heirs for recovery of the amount of fine are illegal and these proceedings against the deceased appellants deserve to be quashed. 6. So the recovery proceedings initiated against their heirs for recovery of the amount of fine are illegal and these proceedings against the deceased appellants deserve to be quashed. 6. The application under Section 482, Cr.P.C. is, therefore, allowed to this extent only that the recovery proceedings against the deceased appellants Ram Saran, Smt. Kamla and Smt. Ramshree are quashed. Recovery proceedings against the applicants in respect of their personal liability to pay Rs. 7000/- for each of the offences punishable under Sections 498A and 306, I.P.C. are maintained, but no amount shall be recovered from them in respect of fine which was imposed upon the deceased Ram Saran, Smt. Kamla and Smt. Ramshree under the judgment and order dated 23.9.02 and if any amount has been recovered from the heirs of these deceased appellants in respect of that liability, that shall be refunded to them on proper application. ————