Allowed

Brijesh Kumar and Another v. State of U.P. Thru. Secy. Home Civil Sectt. Lko. and Another

Allahabad HC19 Oct 2023/8630/2023

Case brief

AI extract

What is this about?

The High Court allowed the application under Section 482 Cr.P.C. to quash proceedings under Section 498-A IPC and Section 3/4 D.P. Act. The Court held that since the parties resumed cohabitation and the dispute was resolved, the trial was futile, and thus quashed the case.

What did the court decide?

The proceedings of Case Crime No. 132/2022 under Section 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act were quashed, and the security amount of Rs. 25,000 deposited by the applicant was remitted to

Brijesh Kumar and Another Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:69806

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 8630 of 2023

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Applicant :- Brijesh Kumar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Another

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Counsel for Applicant :- Kripa Shankar Shukla Counsel for Opposite Party :- G.A.,Mithun Yadav,Syed Asaghar Mehdi

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Hon'ble Rajeev Singh,J.

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

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The present application under Section 482 Cr.P.C. is filed with the prayer to quash the proceeding of Case Crime No.132/2022 under Section 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Cantt, District Lucknow.

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In pursuance of earlier order, applicant no.1 and private respondent are present and they have been duly identified by their respective counsels.

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Private respondent inform that she is residing with her husband since 10.10.2023 and she is having no grievance and now enjoying her matrimonial life. She also requested to quash the impugned proceeding.

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Learned counsel for the applicants has submitted that marriage of the applicant no.1 was solemnized with the private respondent on 20.11.2019 and out of their wedlock, son was born but due to some trivial issues, F.I.R. in question was lodged. He next submitted that issue has already been resolved and private respondent is residing with the applicant alongwith their child, therefore, impugned proceeding may be quashed.

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Learned A.G.A. have no objection, in case, impugned proceeding is quashed as the same is arisen out of matrimonial dispute.

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Considering the submissions of learned counsel

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for the parties, going through the record as well as statement of the private respondent, it is evident that private respondent is now residing with the applicant alongwith her child, therefore, trial of the case in question is futile one, in such circumstances, the impugned proceeding is liable to be quashed.

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In view of the above, the present application under Section 482 Cr.P.C. is allowed and the proceeding of Case Crime No.132/2022 under Section 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station Cantt, District Lucknow is quashed.

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The amount of Rs.25,000/- deposited by the applicant no.1 before the Senior Registrar of this Court be remitted to him, forthwith.

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Order Date :- 19.10.2023 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar and Another v. State of U.P. Thru. Secy. Home Civil Sectt. Lko. and Another

Case brief

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Brijesh Kumar and Another v. State of U.P. Thru. Secy. Home Civil Sectt. Lko. and Another

Case brief

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