Dismissed

Yogesh Bhardwaj v. State of U.P. and Another

Allahabad HC27 Feb 2023A482/11357/2022

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash proceedings under Section 125 Cr.P.C. The High Court held that the objection regarding the validity of the opposite party's application should be raised during the notice stage and dismissed the petition as not maintainable at this stage.

What did the court decide?

Application u/s 482 Cr.P.C. dismissed as not maintainable at this stage.

Yogesh Bhardwaj Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 45

¶2

Case :- APPLICATION U/S 482 No. - 11357 of 2022

¶3

Applicant :- Yogesh Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Mr. Satyaveer Singh, learned counsel for the applicant and Mr. K.P. Pathak, learned AGA for the State.

¶6

The present Application u/s 482 has been preferred to quash the entire proceedings of Case No. 69/12/2022 (Smt. Rekha Sharma vs. Yogesh Bhardwaj), under Sections 125 Cr.P.C., Police Station-Mau Darwaja, District-Farrukhabad.

¶7

As per the office report dated 14.02.2023, a report of C.J.M., Farrukhabad has been placed on record regarding compliance of order dated 25.07.2022. As per the said report dated 17.12.2022 of the concerned Magistrate, maternal uncle of the opposite party no.2 (Rekha Sharma) informs that she is residing at Dariyavganj, Etah and on some occasions she comes at the resident as provided in the notice. Her mobile number has also been given as 8126674012.

¶8

Learned counsel for the applicant submits that he has challenged the entire proceedings under Section 125 Cr.P.C. on the ground that as per the provision of Section 125 Cr.P.C., the application is to be filed by the wife, however, the opposite party no.2 is not the wife of the applicant as the applicant has obtained a divorce decree on 18.08.2009 against which, no restoration has been moved by her. She has also not mentioned in the application U/s 125 Cr.P.C. that she has not remarried, therefore, the entire proceedings are nothing but abuse of process of law and the same may be quashed by this Court.

¶9

On the other hand, learned AGA for the State submits that in the application u/s 125 Cr.P.C. moved by the opposite party no.2, though she stated about the divorce decree obtained by the applicant by playing fraud, but she has also spoken about the service of notice upon her in a forged manner. She, in so many words, has mentioned that she is running from pillar to post, which can be interpreted in the manner that she is completely dependent on family members for livelihood and has not remarried. Learned counsel for the applicant has also not mentioned in any paragraph about the fact that the opposite

¶10

party no.2 has married or not, therefore, he cannot take this stand at this stage. However, in the application itself, she has stated about the remarriage of the applicant. Even otherwise, only notice has to been issued to the applicant in the aforesaid case, therefore, he can raise all the aforesaid objections there. Therefore, this application is not maintainable and the same is liable to be dismissed.

¶11

In view of the aforesaid facts and circumstances of the case, there is no good ground to entertain this application at this stage, therefore, the present application U/s 482 Cr.P.C. is dismissed as not maintainable at this stage.

¶12

Order Date :- 27.2.2023 Jitendra/-

¶13

Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Yogesh Bhardwaj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Yogesh Bhardwaj 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santosh Kumar and 2 Others Vs State of U.P. and Another

Sultan and 7 Others Vs State of U.P. .and Another

Smt. Bandna Mishra Vs State of U.P. and Another

Ramautar Vs State of U.P. and Another

Smt. Mohitlata Sunda and Another Vs State of U.P. and Another

Mukesh and 4 Others Vs State of U.P and Another