Allowed

Anshudhar Singh and 2 Others v. State of U.P. and Another

Allahabad HC11 Jul 2018A482/17676/2018

Case brief

AI extract

What is this about?

This application sought to quash criminal proceedings arising from a matrimonial dispute. The court observed that the parties had compromised, the marriage was dissolved, and mutual settlement existed. Relying on settled principles, the court terminated the proceedings.

What did the court decide?

Proceedings in Case No. 1135/2010 arising out of Crime No. 63/2009 were set aside.

Anshudhar Singh and 2 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 17676 of 2018

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Applicant :- Anshudhar Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi,V0934

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the opposite party no. 2.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 1135/2010 (State Vs. Anshudhar Singh and others), arising out of Case Crime No. 63/2009, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Jaitpura, District Varanasi, pending in the court of A.C.J.M. (4th), Varanasi.

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Learned counsel for the applicant submits that the present case arises out of the matrimonial discord between the applicant no. 1 and opposite party no. 2. It is further stated that the marriage between the parties has been dissolved and they have opted to live their life separately. It is then stated that another criminal prosecution had already been quashed by this court in Application u/s 482 No. 10673 of 2014 by order dated 16.5.2018.

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In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 25.07.2017 as the marriage between the parties has been dissolved and they have opted to live their life separately, therefore, no useful purpose would be served in proceeding with the matter further.

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Paragraph nos. 10, 11 and 12 of the counter affidavit filed by Shri Shanti Dhar Dwivedi and Shri Vyomesh Kumar Srivastava on behalf of opposite party no. 2 are as follows:

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"10. That it is further stated that the opposite party no. 2 was granted divorce from the applicant no. 1 via order dated 02.01.2012, passed by the Learned Principal Judge, Family Court, Varanasi. Photocopy of the order dated 02.01.2012, passed by the Learned Principal Judge, Family Court, Varanasi

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is being herewith and marked as Annexure no. 1 to this affidavit.

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11. That the applicant no. 1 and opposite party no. 2 have reached upon the compromise on 25.07.2017 and have resolved their issues and they both have opted to live their rest of their life separately. Photocopy of the compromise deed dated 25.07.2017 is being filed herewith and marked as Annexure no. 2 to this affidavit.

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12. That in such terms and circumstances now opposite party no. 2 is not interested in continuing the present criminal proceedings against the accused applicants and hence it should be dropped upon."

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Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact the present counter affidavit discloses that the compromise has been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another ), the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed .

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Order Date :- 11.7.2018 Prakhar

Anshudhar Singh and 2 Others v. State of U.P. and Another

Case brief

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Anshudhar Singh and 2 Others v. State of U.P. and Another

Case brief

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