Allowed

Yogendra Kumar Yaday v. State of U.P. and Others

Allahabad HC2 Jun 2022/1652/2021

Case brief

AI extract

What is this about?

This court quashed criminal proceedings under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act after parties settled their dispute via compromise and obtained a mutual consent divorce decree. The court held continuing proceedings to be an exercise in futility.

What did the court decide?

The present petition is allowed; further proceedings of Criminal Case No.3225 of 2012, the charge-sheet, and the order dated 6.8.2008 are quashed.

Yogendra Kumar Yaday Vs State of U.P. and Others — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 1652 of 2021

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Applicant :- Yogendra Kumar Yaday Opposite Party :- State of U.P. and Others Counsel for Applicant :- Amit Kumar Singh,Virijendra Singh Counsel for Opposite Party :- G.A.,Kanchan Bhatt,Sameer Kumar Upadhyay

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Hon'ble Dinesh Kumar Singh,J.

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This petition has been filed for quashing charge-sheet dated 3.6.2008 filed in Criminal Case No.3225 of 2012 in Case Crime No.86 of 2008, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Nagram, District Lucknow and order dated 6.8.2008 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.39, Lucknow and further proceedings of Criminal Case No.3225 of 2012.

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Petitioner is husband of opposite party no.3. Marriage between the petitioner and opposite party no.3 was performed on 15.5.2006 in accordance with Hindu rites and rituals. Out of the wedlock, a son, Aadi was born on 6.8.2008. An FIR at Case Crime No.86 of 2008 came to be registered on a complaint of opposite party no.3 against the petitioner and other family members under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act at Police Station Nagram, District Lucknow.

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The police after investigating the offence, filed the charge sheet and the case is pending before the trial court as Criminal Case No.3225 of 2012. With the intervention of the friends and relatives, the parties have settled their dispute and have arrived at a compromise outside the Court. The terms of the compromise have been reduced in writing dated 19.8.2021. The said compromise has been placed on record as Annexure-4. The

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compromise has been verified by the Additional Chief Judaical Magistrate-4, Lucknow on 17.89.2021. The parties have also obtained a decree of divorce by mutual consent on 5.8.2021 and they are now living separately. Now, opposite party no.3 does not want to prosecute the petitioner.

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Sri Sameer Kumar Upadhyay, learned counsel for opposite party no.3 submits that in terms of the compromise dated 19.8.2021, the present petition be allowed and the impugned proceedings be quashed.

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Considering the ratio laid down by the Supreme Court in the cases of B.S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and further proceedings of Criminal Case No.3225 of 2012, arising out of Case Crime No.86 of 2008, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Nagram, District Lucknow and the order dated 6.8.2008 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.39, Lucknow are quashed.

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Order Date :- 2.6.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.06.02 17:46:01 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Yogendra Kumar Yaday v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Yogendra Kumar Yaday v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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