Allowed

Smt.Rajnesh v. State of U.P.and Another

Allahabad HC23 May 2023A482/35947/2016

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash the charge-sheet and entire proceedings against the applicant. The court held that since the parties had settled the matrimonial dispute amicably and the compromise was verified in a connected application filed by the applicant's husband, resulting in the quashing of proceedings against him and other co-accused, the proceedings

What did the court decide?

The charge-sheet no. 01 dated 2.4.2016 and entire proceedings under Sections 420, 470, 471 IPC in Case Crime No. 1475 of 2015 are quashed pending in the Court of Chief Judicial Magistrate, Etah, in re

Smt.Rajnesh Vs State of U.P.and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113084

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 35947 of 2016

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Applicant :- Smt.Rajnesh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dhan Pal Counsel for Opposite Party :- G.A.,Rajesh Kumar Mishra,Vipin Kumar

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Dhan Pal, learned counsel for applicant, learned A.G.A. for the State and Sri Giriraj Pandey, Advocate holding brief of Sri Rajesh Kumar Mishra, learned counsel appearing on behalf of opposite party no.2, and perused the record.

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It is submitted by learned counsel for applicant that it is a case of matrimonial dispute between husband and wife and parties had settled their dispute amicably outside the Court, and a written compromise had taken place between them on 13.1.2023. Photocopy of compromise has been appended as Annexure 3 to the compromise application filed in connected Application U/S 482 No. 39420 of 2016.

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This Court vide order dated 19.4.2023 passed in connected Application U/S 482 No. 39420 of 2016 directed the parties to appear before the Court concerned within 15 days for verification of compromise. As per report of Chief Judicial Magistrate, Etah dated 16.5.2023 parties had appeared before the trial Court, who were identified by their respective counsels and the compromise was verified by the trial Court. The connected Application U/S 482 No. 39420 of 2016 was allowed today i.e. on 23.5.2023 and the charge-sheet no. 01 dated 2.4.2016 as well as entire proceedings of Case Crime No.1475 of 2015, under Section 420, 470, 471 IPC, Police Station Kotwali, District Etah were quashed.

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It is submitted by learned counsel for the applicant that the present application has been filed on behalf of wife of opposite party no.2 and since the parties had amicably settled the dispute outside the Court and compromise was duly verified by the CJM concerned and the charge-sheet as well as entire proceedings against other co-accused namely Ravi and Udai Singh had already been quashed in the connected application, the present application on behalf of applicant, wife of opposite party no.2 is also liable to be allowed.

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Accordingly, the present Application U/S 482 Cr.P.C. is allowed

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and the charge-sheet no. 01 dated 2.4.2016 as well as entire proceeding arising out of Case Crime No.1475 of 2015, under Section 420, 470, 471 IPC, Police Station Kotwali, District Etah pending in the Court of Chief Judicial Magistrate, Etah, in respect of applicant are hereby quashed.

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Order Date :- 23.5.2023 P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Smt.Rajnesh v. State of U.P.and Another

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Smt.Rajnesh v. State of U.P.and Another

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