Allowed

Yashu Chauhan and Another v. State of Up and Another

Allahabad HC12 Jan 2023A482/8774/2019

Case brief

AI extract

What is this about?

The High Court allowed the Section 482 application and quashed the charge sheet under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act pending against the applicants. The disposal was made given that the parties resolved matrimonial discord with a monetary settlement of Rs. 15 Lakhs.

What did the court decide?

Charge sheet dated 10.9.2018 in Case Crime No. 622 of 2018, Case No. 78 of 2019, pending in A.C.J.M. Khurja, quashed insofar as it relates to present applicants.

Yashu Chauhan and Another Vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 8774 of 2019

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Applicant :- Yashu Chauhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.,Anand Vikram Singh,Rajesh Kumar Mishra

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Ardhendu Shekhar Sharma learned counsel for the applicants, learned AGA for the State and Sri Om Raj Singh learned counsel holding brief of learned counsel appearing for opposite party No.2.

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Present application has been filed to quash the charge sheet dated 10.9.2018 in Case Crime No. 622 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Khurja Nagar, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Khurja as Case No. 78 of 2019.

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At the outset, it has been stated, present prosecution had emerged from a matrimonial discord between the applicant No. 1 and opposite party No.2. There was no real occurrence. Only exaggerated allegations have been levelled in the F.I.R. In any case during pendency of present proceedings, parties have been able to resolve their matrimonial discord such that the applicants had paid out to opposite party No. 2 a sum of Rs. 15 Lakhs under written agreement dated 30.9.2022. Further proceedings for dissolution of marriage between the parties are at an advanced stage in second motion petition before the Family Court, Bulandshahr.

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The above submission advanced by learned counsel for the applicants has been accepted as correct by the learned counsel

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

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The the charge sheet dated 10.9.2018 in Case Crime No. 622 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Khurja Nagar, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Khurja as Case No. 78 of 2019 is 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

Yashu Chauhan and Another v. State of Up and Another

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Yashu Chauhan and Another v. State of Up and Another

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