Disposed

Ms. Kavaljeet Kaur and Another v. State of U.P. and another

Allahabad HC10 Oct 2018A482/35499/2018

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. for quashing criminal proceedings in a matrimonial dispute was disposed of. The Court directed the applicants to file a discharge application before the trial court within one month and stayed coercive actions during this period.

What did the court decide?

Permitted applicants to apply for discharge application before the trial court within one month; coercive action stayed until final disposal of such application.

Ms. Kavaljeet Kaur and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 35499 of 2018 Applicant :- Ms. Kavaljeet Kaur And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kanjaanan Pyare Singh,Roshan Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application is filed for quashing the the charge-sheet dated 07.07.2018, cognizance order dated 27.07.2018 and entire proceedings of Criminal Case No. 18874 of 2018, State Vs. Ishvinder and Others, under Section 120B I.P.C. Police Station, Sahibabad, district Ghaziabad arising out of Case Crime No. 149 of 2018 pending in the court of Chief Judicial Magistrate, Ghaziabad.

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Learned counsel for the applicant submits that the matter arises out of a matrimonial dispute. The applicants are falsely implicated in this case.

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In the light of the facts in the record and submissions of the learned counsel, interests of justice will be served by permitting the applicants to apply for discharge application before the trial court.

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It is open to the applicants to file a discharge application before the learned trial court within a period of one month. It is expected that the learned trial court will consider and decide the same on merit by speaking and reasoned order, as expeditiously as possible, in accordance with law.

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No coercive action shall be taken against the applicants till the final disposal of the discharge application. In case, the discharge application is not filed within a period of one month, this order shall stand recalled automatically and the trial court shall proceed forthwith against the applicants in accordance with law.

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It is clarified that this order shall not apply to the benefit of the husband of the the opposite party no. 2.

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With the aforesaid observation, the present application under Section 482 Cr.P.C. is disposed of finally.

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Order Date :- 10.10.2018 Dhananjai

Ms. Kavaljeet Kaur and Another v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

Ms. Kavaljeet Kaur and Another v. State of U.P. and another

Case brief

What is this about?

What did the court decide?

What the court decided

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