Vinod v. State of Up and Another
Case brief
What is this about?
Application under Section 482 CrPC to quash a complaint case alleging cruelty and related offences and its summoning order. The court found the matter prima facie requiring consideration, issued notices, and stayed further proceedings pending adjudication.
What did the court decide?
Further proceedings of the complaint case stayed against the applicant until further orders; notices issued with affidavit timelines.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- APPLICATION U/S 482 No. - 22051 of 2024
Applicant :- Vinod Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today by learned counsel for the applicant, which is taken on record.
Heard Shri Kamal Kishor Mishra, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 14522 of 2023 (Smt. Shashi Vs. Vinod), under Sections 498-A, 323, 506 of I.P.C., Police Station- Jaithra, District Etah, as well as cognizance/summoning order dated 06.04.2024 pending in the court of Additional Chief Judicial Magistrate, Court No. 18 Etah.
Learned counsel for the applicant submits that the complaint dated 14.07.2023 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that as per allegations of the complaint, the complainant solemnized marriage with the applicant four years prior to the filing of the complaint. It is further submitted that the complainant had not taken divorce from her earlier husband Shiv Singh. The present case is no injury case.
Parties & counsel
- applicant
Vinod
- respondent
State of U.P.
- other
Smt. Shashi
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/22051/2024
All orders in this case
4 orders share this CNR
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