Partly allowed

Keshari Prasad Yadav and Another v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Dec 2024A482/11535/2024

Case brief

AI extract

What is this about?

The single-judge court issued notice to the private respondent regarding an application to quash criminal proceedings arising from a matrimonial dispute. The court granted interim relief prohibiting coercive action against the applicants and listed the matter for joint hearing with a related application.

What did the court decide?

Notice issued to private respondent. No coercive action against applicants until next hearing.

Keshari Prasad Yadav and Another vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11535 of 2024

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Applicant :- Keshari Prasad Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Shri Prashant Vikram Singh, Advocate, has put in appearance for the private respondent by filing his vakalatnama, which is taken on record.

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Let the name of Sri Prashant Vikram Singh, Advocate, be shown in the cause-list, when the case is next listed.

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The present petition has been filed with the following main prayer:

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"The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Criminal Case No. 9217 of 2024, State Vs. Rajesh and Others, arising out of Case Crime No. 73 of 2024, under sections 498-A,323,504,506 of I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Bewana, District-Ambedkar Nagar, pending in the court of learned Civil Judge, C.D./A.C.J.M., Ambedkar Nagar, as well as the chargesheet dated 18-07-2024 and summoning order dated 07-09-2024."

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Counsel for the applicant submitted that there was a matrimonial dispute between the private respondent and her husband, who is the son of applicants, and only with the intention to make pressure on her husband the present F.I.R. has been lodged dragging all the family members including the applicants/in-laws of the private opp. party. It is further submitted that in the case of co-accused (Devar, Jeth and Jethani) interim protection has already been granted by this court in Application u/S 482 No. 10441 of 2024, therefore, the applicants are also entitled for the same relief.

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Learned A.G.A. as well as counsel for the private respondent has vehemently opposed the prayer of the applicants and submitted that on the basis of false allegations one F.I.R. No. 438 of 2024 was lodged by the applicant No. 2 against the private respondent, but he does not dispute this fact that genesis of all the cases is some matrimonial dispute.

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Considering the submissions advanced by learned counsel for parties and going through the contents of application as well as other relevant documents, as the genesis of the prosecution case

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in question is based on the matrimonial dispute in between the private respondent and son of the applicants, therefore, the matter requires consideration.

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Issue notice to the private respondent.

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List this case on 22.01.2025, alongwith the Application u/S 482 No. 10441 of 2024.

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On the next date the applicants, their son, namely, Rajesh, as well as the private opp. party shall appear before this court.

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Till the next date of hearing, no coercive action shall be taken against the applicants.

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( Rajeev Singh, J. )

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Order Date :- 19.12.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Keshari Prasad Yadav and Another v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

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Keshari Prasad Yadav and Another v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

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