Yashu Chauhan & Anr. v. State of U.P & Anr.
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 323, 498A, 504
- Code of Criminal Procedure, 1973
Key paragraphs
- Para 66. 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…
Judgment
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.
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.
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.
The above submission advanced by learned counsel for the applicants has been accepted as correct by the learned counsel appearing for opposite party No.2.
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.
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. Order Date :- 12.1.2023 Faraz FARAZ AHMAD High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 323, 498A, 504; Code of Criminal Procedure, 1973.
Which court decided this case, and when?
Allahabad High Court, on 12 Jan 2023. The bench was SAUMITRA DAYAL SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.