Allowed

Ameen Yasar Khan and 3 Others v. State of U.P. and Another

Allahabad HC12 Jan 2023A482/11904/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial discord. The court observed that since the parties have resolved their differences and are living together, continuing prosecution would ruin the relationship.

What did the court decide?

Quashed the charge sheet, cognizance taking order, and criminal proceedings as they relate to the present applicants.

Ameen Yasar Khan and 3 Others Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 11904 of 2022

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Applicant :- Ameen Yasar Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Azhar Ahmad learned counsel for the applicants, learned AGA for the State and Sri Sibli Naseem learned counsel appearing for opposite party No.2.

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Present application has been filed to quash the charge sheet dated 23.11.2020, cognizance taking order 09.11.2021 and the proceedings of Criminal Case No. 11462 of 2021 arising out of Case Crime No. 1289 of 2020 under Sections 498A, 323, 342, 427, 506, 380 IPC and Section 3/4 D.P. Act, Police Station Sihani Gate, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 3 Ghaziabad.

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At the outset, it has been stated, present prosecution had arisen on a simple matrimonial discord. There was no real occurrence. As to the occurrence it has been stated, parties have been able to resolve their differences such that they are living together in matrimony without any surviving legal dispute.

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It has been further submitted, continuance of the criminal prosecution may ruin the relationship between the parties that is in the process of healing, at the moment.

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The above submission advanced by learned counsel for the applicants has been accepted as correct by the learned counsel appearing for opposite party No.2.

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In such circumstances, though no useful purpose would be served in allowing the prosecution to continue any further, however, no firm conclusion may be reached, at this stage, as to

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complete falsity of the allegations made against the applicants. The present 482 Cr.P.C. application thus stands allowed .

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The charge sheet dated 23.11.2020, cognizance taking order 09.11.2021 and the proceedings of Criminal Case No. 11462 of 2021 arising out of Case Crime No. 1289 of 2020 under Sections 498A, 323, 342, 427, 506, 380 IPC and Section 3/4 D.P. Act, Police Station Sihani Gate, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 3 Ghaziabad are quashed insofar as it relates to present applicants.

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Order Date :- 12.1.2023 Faraz

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Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad

Ameen Yasar Khan and 3 Others v. State of U.P. and Another

Case brief

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Ameen Yasar Khan and 3 Others v. State of U.P. and Another

Case brief

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