Allowed

Shyamu v. State of U.P.and Another

Allahabad HC30 May 2023A482/4771/2011

Case brief

AI extract

What is this about?

The Court condoned delay in a restoration application and recalled an earlier order dismissing the present case. Substantially, it allowed an application under Section 482 Cr.P.C. to quash a charge sheet under Sections 363 and 366 IPC since the parties had settled amicably and were living together as husband and wife.

What did the court decide?

The Application u/s 482 Cr.P.C. is allowed and the entire proceedings of Case Crime No. 3005 of 2010 are quashed.

Shyamu Vs State of U.P.and Another — Succession and Inheritance | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:121010

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 4771 of 2011

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Applicant :- Shyamu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anees Ahmad,Suresh Dhar Dwivedi Counsel for Opposite Party :- Govt.Advocate

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Hon'ble Shekhar Kumar Yadav,J.

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Ref: Criminal Misc. Delay Condonation Application No.1 of 2023.

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Heard learned counsel for the applicant and learned AGA for the State and perused the material available on record.

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This is an application under Section 5 of the Limitation Act.

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The delay in filing the recall application has been explained to the satisfaction of this Court.

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Accordingly, the delay condonation application is allowed. The delay in filing the restoration application is hereby condoned.

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Ref: Criminal Misc. Recall/Restoration Application No.2 of 2023

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Heard learned counsel for the applicant and learned AGA for the State and perused the material available on record.

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This is an application for recalling the order dated 19.01.2021 passed by a co-ordinate Bench of this Court by which the present application was dismissed for want of prosecution.

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The reasons shown for non appearance on the date fixed has been explained to the satisfaction of this Court.

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Accordingly, the restoration application is allowed. The order dated 19.01.2021 is recalled and the present application is restored to its original number.

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Order on memo of application

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Heard learned counsel for the applicant and learned A.G.A. for

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the State.

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This application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned charge sheet no.97 of 2010 dated 08.06.2010 arising out of Case Crime No.3005 of 2010, under Sections 363 and 366 IPC, Police Station Kamalganj, District Farrukhabad.

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Today, a joint affidavit of applicant Shyamu and Smt. Savita Devi, the daughter of opposite party no.2 has been filed on behalf of learned counsel for the applicant. Let the same be taken on record.

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In paragraph 4 and 5 of the said joint affidavit, it is stated that marriage of applicant has been solemnized with the victim and their marriage has been registered on 29.09.2009 before the District Marriage Officer, Hardoi. It is further stated that they are peacefully living together as husband and wife and from the wedlock of applicant and the victim, two sons had been born. It is further stated that the victim does not want to proceed the criminal proceeding against the applicant.

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I have considered the submissions made by the learned counsel for the and have gone through the entire record.

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Since the dispute between the parties has been amicably settled and parties are living together as husband and wife, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.

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In view of the aforesaid, the Application u/s 482 Cr.P.C. is allowed .

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The entire proceedings of Case Crime No.3005 of 2010, under Sections 363 and 366 IPC, Police Station Kamalganj, District Farrukhabad are hereby quashed.

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Order Date :- 30.5.2023 Ajeet

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

Shyamu v. State of U.P.and Another

Case brief

What is this about?

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Shyamu v. State of U.P.and Another

Case brief

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