Allowed

Prabhu Narayan Shan and Another v. State of U.P. and Another

Allahabad HC18 Apr 2019A482/14942/2019

Case brief

AI extract

What is this about?

The High Court allowed an application under section 482 CrPC to quash criminal proceedings instituted under sections 498A, 323, and 504 IPC and the D.P. Act. The court observed that the parties had filed a joint compromise affidavit and subsequently obtained a divorce decree under section 13-B of the Hindu Marriage Act, finding that no useful purpose would be served by continuing the trial.

What did the court decide?

The proceedings in Criminal Case No. 2969 of 2015 instituted under sections 498A, 323, 504 IPC and the D.P. Act are hereby quashed.

Prabhu Narayan Shan and Another Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2019)

¶1

Court No. - 69

¶2

Case :- APPLICATION U/S 482 No. - 14942 of 2019

¶3

Applicant :- Prabhu Narayan Shan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anjani Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Anjani Kumar, learned counsel for the applicants, and Sri Sanjay Singh, learned AGA for the State.

¶6

This application has been filed under section 482 Cr.PC with prayer to qush the entire proceedings of Criminal Case No. 2969 of 2015 (State v. Prabhu Narayan Shan and another) arising out of Case Crime NO. 222 of 2013, under sections 498A, 323,504 IPC and 3/4 of D.P. Act, Police Station- Mahila Thana, District-Kanpur Nagar, pending in the Court of Metropolitan Magistrate-IVth , Kanpur Nagar in which the I. O. has submitted charge sheet No. 12 of 2014 dated 1.2.2014 as well as cognizance order dated 9.12.2015 taken by Metropolitan Magistrate-IVth Kanpur Nagar in Criminal Case No. 2969 of 2015 (State v. Prabhu Narayan Shan and another).

¶7

It is contended by learned counsel for the applicants that both the parties moved joint compromise affidavit/divorce petition under section 13 B of Hindu Marriage Act, before the concerned Family Court, Kanpur Nagar, copy of which has been filed and annexed as Annexure-3 to the affidavit filed along with the application. The said compromise affidavit/divorce petition under section 13-B of Hindu Marriage Act, decided by the court of Family Court, Kanpur Nagar dated 30.8.2018 has been filed and annexed as Annexure-4 to the affidavit filed in support of application and there exist no dispute between the parties.

¶8

Perused the order passed by the Principal Judge, Family Court, Kanpur Nagar, on joint compromise affidavit/divorce petition under section 13 B of Hindu Marriage Act, dated 30.8.2018 which has been filed and annexed as Annexure-4 to the affidavit filed in support of application.

¶9

In view of the above contention this Court is not unmindful of the judgements of the Apex Court in the cases of:- B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State

¶10

and others (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 . Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶11

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶12

Accordingly, the proceedings of the aforesaid Case are hereby, quashed .

¶13

The application is, accordingly, allowed.

¶14

There shall be no order as to costs.

¶15

Order Date :- 18.4.2019 ssm

Prabhu Narayan Shan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prabhu Narayan Shan and Another v. State of U.P. 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

Gyan Prakash Agarwal and Others Vs State of U.P. and Another

Netra Pal and Another Vs State of U.P. and Another

Ganesh Yadav Vs State of U.P. and Another

Shiv Mohan Kaushik and 4 Ors. Vs State of U.P. and 2 Ors.

Shailendra Shukla @ Beeru and Another Vs State of U.P. and Another

Neelam Vs State of U.P. and Another