Disposed

Krishna Bhan Pal v. State of U.P. Thru. Prin. Secy. Home, Lko. and 4 Others

Allahabad HC8 Jul 2024/3634/2023

Case brief

AI extract

What is this about?

The High Court disposed of a bail application where underlying criminal complaints were concluded and the applicant agreed to stay with his wife. The personal bond was discharged, and withdrawal of pending matrimonial and criminal proceedings was ordered upon specific undertakings.

What did the court decide?

The personal bond of Rs. 50,000 was discharged; the applicant was directed to stay with his wife and withdraw the divorce case, while the wife was directed to not press charges.

Krishna Bhan Pal Vs State of U.P. Thru. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46262

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3634 of 2023

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Applicant :- Krishna Bhan Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 4 Others Counsel for Applicant :- Jai Pal Singh,Saurabh Srivastava Counsel for Opposite Party :- G.A.,Baljeet Singh,Laxmi Narayan Gupta

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Hon'ble Pankaj Bhatia,J.

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Supplementary affidavit filed today is taken on record.

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In terms of the order passed on 24.05.2024, the applicant, Krishna Bhan Pal, is present in the Court, as also, his first wife, Smt. Savita, is present in the Court and the prosecutrix of Case Crime No. 689 of 2022 is also present before this Court.

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On questioning the applicant, Krishna Bhan Pal, he states that he has filed a divorce proceeding before the Principal Judge, Family Court, Raebareli against his first wife, Smt. Savita, however, on specific question, he states that he wants to live with his wife. The first wife of the applicant, Smt. Savita, is also present, she states that at present she stays at Delhi, however, she does not want to grant any divorce to the applicant and wants to stay with him, however expresses that her life may be at danger and therefore, suitable directions be prescribed to ensure her safety.

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The applicant, undertakes before this Court that he shall keep Smt. Savita as his legally wedded wife and shall ensure that no harm is inflicted on her while Smt. Savita stays with him at his place of residence or wherever he is working and earning his livelihood. Smt. Savita shall also stay with the applicant as agreed by her.

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In view of the specific undertakings given by the applicant as well as Smt. Savita, it is provided that the applicant shall stay with Smt. Savita as husband and wife at his place of residence or wherever the applicant is working and earning his livelihood. In case, Smt. Savita apprehends any danger to her life or in any way is subjected to physical or mental harassment, she would be at liberty to approach the Police authorities at the place of residence of the applicant or wherever he is working and

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earning his livelihood, for providing protection in accordance with law.

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As the case crime no. 689 of 2022 has already been concluded on the basis of the prosecutrix not supporting the prosecution, no further orders are required. However, prosecutrix would be at liberty to avail such legal remedies, as may be available to her, if so advised, in accordance with law.

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In view of the fact that the case crime no. 689 of 2022 has already been concluded, the personal bond of Rs. 50,000/furnished in pursuance of the order dated 24.05.2024, shall stand discharged.

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In view of the compromise, it is further provided and agreed by the parties that the applicant shall withdraw his divorce case no. 1276 of 2023 filed before the Principal Judge, Family Court, Raebareli by moving an appropriate application within a period of three weeks from today. Similarly, Smt. Savita, shall make a statement before the Investigating Officer not pressing the charges leveled against the applicant and registered as Case Crime No. 450 of 2023 by moving an appropriate application before the Investigating Officer within a period of two weeks from today. On receiving the said affidavit, the Investigating Officer shall file a final report in favour of the applicant.

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The applicant undertakes to keep Smt. Savita with him. Smt. Savita shall join her matrimonial family and the applicant, as agreed by her on 15.07.2024 and they shall stay together thereafter.

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This application is accordingly disposed of in the aforesaid terms.

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Order Date :- 8.7.2024 Lokesh Kumar

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[Pankaj Bhatia, J.]

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Krishna Bhan Pal v. State of U.P. Thru. Prin. Secy. Home, Lko. and 4 Others

Case brief

What is this about?

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Krishna Bhan Pal v. State of U.P. Thru. Prin. Secy. Home, Lko. and 4 Others

Case brief

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