Allowed

Smt. Tara Devi and Another v. State of U.P.

Allahabad HC10 May 2019A482/18198/2019

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AI extract

What is this about?

This court allowed an application under Section 482 CrPC to quash prior proceedings in a compoundable matrimonial dispute. Relying on Social Action Forum for Manav Adhikar, the court disposed of the criminal appeal citing a compromise, resulting in the acquittal of the accused. The instant application was thus allowed.

What did the court decide?

Applicants acquitted of charges; criminal appeal disposed of on compromise; instant application allowed.

Smt. Tara Devi and Another Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 18198 of 2019

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Applicant :- Smt. Tara Devi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Raj Prajapati,Arvind Kumar Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties and perused the record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the order dated 01.04.2019 passed by Sessions Judge, Jalaun in Criminal Misc. Application No. 14kha as well as proceedings of Criminal Appeal No. 53 of 2018 (Deepu Singh and others v. State of U.P. and others), arising out of Complaint Case No. 75 of 2012, under Sections 323, 504, 506, 452 of I.P.C., Police Station - Jalaun, District - Jalaun, and acquit the accused.

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Vide judgment and order dated 19.12.2018 passed by Judicial Magistrate, Jalaun in Complaint Case No. 752 of 2012 (Tara Devi v. Deepu Singh and others), applicant no. 2, Deepu Singh and co-accused Ram Babu, Gyan Devi and Pradeep were convicted and sentenced for the offences punishable under Sections 323/34, 504, 506(2) of I.P.C. Against the impugned judgment and order, the applicant and co-accused preferred appeal (Criminal Appeal No. 53 of 2018 (Deepu Singh and others v. State of U.P. and others)) before the Appellate Court.

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Applicant no. 1 Tara Devi, who is complainant of the case, filed compromise, which was rejected by the Appellate Court. Applicant no. 1 Tara Devi is wife of applicant no. 2 Deepu Singh. Accordingly, it is a case of matrimonial dispute.

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In view of the law laid down by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501 , the criminal appeal is disposed of on the basis of compromise. Accused Deepu Singh, Ram Babu, Gyan Devi and Pradeep are hereby acquitted of charge for offences punishable under Sections 323/34, 504, 506(2) of I.P.C.

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In the result, the instant application stands allowed.

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Order Date :- 10.5.2019 I. Batabyal

Smt. Tara Devi and Another v. State of U.P.

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Smt. Tara Devi and Another v. State of U.P.

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