Dismissed

Vipin Kumar Yadav and Ors. v. State of U.P Thru. Prin.Secy. Home and Another

Allahabad HC10 Dec 2025A482/3136/2022

Case brief

AI extract

What is this about?

In a application to quash proceedings under Sections 498-A CPC and others based on allegations of malice and false infertility claims, the High Court dismissed the prayer. Finding the private respondent healthy via medical board, the court held no interference was needed and directed the trial court to conclude the trial quickly without adjournments.

What did the court decide?

Application to quash proceedings dismissed; trial court directed to conclude trial expeditiously without adjournments.

Vipin Kumar Yadav and Ors. Vs State of U.P Thru… — Domestic Violence | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/s 482 No. - 3136 of 2022

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Vipin Kumar Yadav and Ors.

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…..Applicant(s)

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Versus

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State of U.P Thru. Prin.secy. Home and another

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…..Opposite Party(s)

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Counsel for Applicant(s) : Prem Kumar Sahu, Counsel for Opposite Party(s) : G.A., Prabh Jot Kaur, Shailendra Kumar Singh

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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

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The present application is filed with the prayer to quash the entire proceedings of Case Crime No.0022 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Madiyaon, District - Lucknow.

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In pursuance of order dated 27.5.2022 passed by this Court, matter was sent to the Mediation and Conciliation Center of this Court but the same was failed.

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Learned counsel for the applicant submits that general allegations have been levelled against all the applicants. He further submits private respondent is not in a position to conceive, for which, she was medically examined and doctor also opined that she is not in a position to conceive, as a result,

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A482 No. - 3136 of 2022

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petition, i.e., Case No.2795 of 2020 under Section 10 of Hindu Marriage Act was filed before the Principal Judge, Family Court, Lucknow. He also submits that thereafter, F.I.R. in question was lodged and private respondent also filed a petition under Section 125 Cr.P.C. as well as Section 12 of D.V. Act.

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Learned counsel for the applicants submits that applicant no.1 has completed B.Tech in Civil Engineering, he is unemployed as he is dragged in the civil proceedings and the proceeding of the case in question is initiated only with the intention to harass the applicants in retaliation of filing the petition under Section 10 of Hindu Marriage Act, therefore, entire proceeding against the applicants is liable to be set aside.

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Learned counsel for the private respondent also provided a photo copy of the order dated 10.2.2023 passed in Case No.2795 of 2020 (Vipin Kumar Vs. Anshu Yadav) and submits that under directions of the Principal Judge, Family Court, Lucknow, private respondent was medically examined, in which, she was found fit for pregnancy and no ailment was found in the report of Medical Board. She further submits that applicant no.1 filed an application for withdrawal of the aforesaid case and same was allowed by the Principal Judge, Family Court, Lucknow vide order dated 10.2.2023 with the cost of Rs.50,000/- and observed that false allegations were levelled against the private respondent that she was not in a position to conceive, however, in the report of Medical Board, she is completely. She also submits that the amount ordered by the court below has not been paid to the private respondent by the applicants till date.

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The Order dated 10.2.2023 passed by the Principal Judge, Family Court, Lucknow reads as under :-

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A482 No. - 3136 of 2022

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A482 No. - 3136 of 2022

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Applicants stated before this Court that Rs.25,000/- out of Rs.50,000/- has already been paid and rest of the amount be also paid to the private respondent very soon.

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Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, in the report of the Medical Board, which was conducted under the order of the Principal Judge, Family Court, Lucknow it is found that private respondent is a healthy woman and completely fit to conceive, thereafter, application for withdrawal of the Case No.2795 of 2020 was filed by the applicants, which was allowed with the cost of Rs.50,000/alongwith the observation that applicant no.1 tried to demean the modesty of a lady by making such allegations that she is not in a position to conceive, therefore, this Court is of the view that no interference is required in the present case, accordingly, the same is hereby, dismissed .

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The Trial Court is also directed to conclude the trial expeditiously, without giving any adjournment to either of the parties.

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(Rajeev Singh, J.)

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December 10, 2025 Gaurav

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Vipin Kumar Yadav and Ors. v. State of U.P Thru. Prin.Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Vipin Kumar Yadav and Ors. v. State of U.P Thru. Prin.Secy. Home and Another

Case brief

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What did the court decide?

What the court decided

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