Allowed

Raj Singh and 3 Others v. State of U.P. and Another

Allahabad HC16 Jan 2023A482/20489/2019

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash criminal proceedings arising from a matrimonial discord. The dispute was resolved via mediation, and parties are now residing together. Since continuation of prosecution is detrimental, the application is allowed and proceedings quashed in suit to applicants.

What did the court decide?

Charge sheet dated 01.5.2018, cognizance order dated 08.5.2018, and proceedings of Case No. 1084 of 2018 under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act are quashed insofar as it

Raj Singh and 3 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2023)

¶1

Court No. - 64

¶2

Case :- APPLICATION U/S 482 No. - 20489 of 2019

¶3

Applicant :- Raj Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Usha Srivastava,Shailesh Kumar Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard Sri Shailesh Kumar learned counsel for the applicants, learned AGA for the State and Sri Manoj Kumar Srivastava learned counsel appearing for opposite party No.2.

¶6

Present application has been filed to quash the charge sheet dated 01.5.2018, cognizance order dated 08.5.2018 and the proceedings of Case No. 1084 of 2018 arising out of Case Crime No. 23 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Kannauj, Pending in the Court of Chief Judicial Magistrate, Kannauj.

¶7

At the outset, learned counsel for parties states, present prosecution had emerged from a matrimonial discord between the parties. That dispute has been resolved at the local mediation centre attached to the learned court below. Mediation report is on record. It is dated 07.1.2020. Accordingly, the parties are residing together. In such changed circumstance, opposite party No. 2 does not wish to press the present application.

¶8

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.

¶9

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

¶10

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

¶11

The charge sheet dated 01.5.2018, cognizance order dated 08.5.2018 and the proceedings of Case No. 1084 of 2018 arising out of Case Crime No. 23 of 2017, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Kannauj, Pending in the Court of Chief Judicial Magistrate, Kannauj are quashed insofar as it relates to applicants.

¶12

Order Date :- 16.1.2023 Faraz

¶13

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

Raj Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Raj Singh and 3 Others 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

Manzar Ali Vs State of U.P. and Another

Umashankar Tripathi Vs State of U.P. and Another

Surya Prakash Vs State of U.P. and Anothers

Varun Saxena Vs State of U.P. and Another

Afroj and Others Vs State of U.P. and Another

Shami Ulla and Others Vs State of U.P. and Another