Allowed

Yogesh Kumar and 03 Others v. State of Up and Another

Allahabad HC17 Jan 2019A482/1395/2019

Case brief

AI extract

What is this about?

This single-judge court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings initiated under Sections 498A, 323, 504, 506 IPC and DPP Act. The court found the case fit for quashing based on a compromise entered between the petitioner and the accused.

What did the court decide?

Quashing of chargesheet, cognizance order, and entire criminal proceedings.

Yogesh Kumar and 03 Others Vs State of Up and… — Matrimonial and Divorce | Allahabad HC (2019)

¶1

Court No. - 25

¶2

Case :- APPLICATION U/S 482 No. - 1395 of 2019

¶3

Applicant :- Yogesh Kumar And 03 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Jaiswal,Keshari Nath Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

Sri Aslam, Advocate, filed Vakalatnama on behalf of opposite party No. 2, is taken on record.

¶6

The present 482 Cr.P.C. application has been filed by Yogesh Kumar And 03 Others against State of U.P. and Pooja, with request for quashing the chargesheet No. 11/2016 dated 06.03.2016 and its cognizance order dated 18.03.2016 along with entire proceedings of Case No. 972 of 2018 (State Vs. Yogesh Kumar and others) arising out of Case Crime No. 48 of 2015, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate-IV, Saharanpur on the basis of compromise entered in between.

¶7

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶8

The compromise in between the parties and thereby resolution of all disputes including the matrimonial pending before the Court in between the parties entered in and the same has been filed as Paper No. 35 Annexure 12.

¶9

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.

¶10

Hence, above facts and circumstances, it is a fit case for allowance of this application under Section 482 Cr.P.C. on the basis of compromise entered in between the parties and the proceedings of Case Crime No. 972 of 2018 (State Vs. Yogesh Kumar and others), in Case Crime No. 48 of 2015, under Sections 498A, 323, 504, 506 I.P.C. read with 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate -IV, Saharanpur, is being dismissed.

¶11

The present application is accordingly allowed .

¶12

Order Date :- 17.1.2019 Kamarjahan

Yogesh Kumar and 03 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Yogesh Kumar and 03 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maiya Deen and Others Vs Ram Pal Singh and Others

Ujagar Singh and Another Vs Smt. Satrupa and Others

United India Insurance Co. Ltd. Vs Ramayan Prasad and Another

Ajai Verma and 2 others Vs State of U.P. and another

Arun Kumar Vs State of U.P. and 2 Ors.

Dilshad and Anr. Vs State of U.P. and Anr.