State v. Jitendra Kumar) arising out of case crime no
Case Details
Court No. - 74 Case :- APPLICATION U/S 482 No. - 25755 of 2021 (Leading Application) Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Md. Nuruddin Khan Counsel for Opposite Party :- G.A.,Syed Shahnawaz Shah Connected with Case :- APPLICATION U/S 482 No. - 8833 of 2021 (Connected Application) Applicant :- Phool Chandra And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Md Zakir Husain,Md. Nuruddin Khan,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.,Virendra Kumar Shukla Hon'ble Vikas Budhwar,J. 1. Third Supplementary affidavit filed in leading application and second supplementary filed in connected application filed today are taken on record.
Legal Reasoning
2. Heard Mr. Mohd. Nuruddin Khan, learned counsel for the applicants, Sri Ashok Kumar Kushwaha, learned AGA for the State and Sri Mr. Wasirudding (AOR No. A/M 10927.2023) holding brief of Sri S.S. Shah, learned counsel for opposite party No.2. 3.The leading application has been preferred by the husband of opposite party no.2 and the connected application has been preferred by the family members of applicant no.1 who is the husband of opposite party no.2 wherein challenge has been raised to the proceedings of case no.558 of 2021 (State vs. Jitendra Kumar) arising out of case crime no.372 of 2020, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Line Bazar, District Jaunpur. 4. The leading application came to be entertained by this Court on 02.03.2022 wherein following order was passed: "Mohd. Nuruddin Khan, learned counsel for the applicant, learned A. G. A. on behalf of the State as well as Syed Shahnawaz Shah on behalf of opposite party no. 2 are present. Syed Shahnawaz Shah, Advocate has filed short counter affidavit annexing therewith the compromise entered between the parties, which is taken on record. Learned counsel for the applicants submits that the parties have reconciled their differences and have entered into compromise. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicants. Accordingly, the parties are directed to appear before the court below along with a certified copy of this order and file an application for verification and get the said compromise verified and after verification, learned counsel for the parties are directed to obtain certified copy of the compromise and place it before this Court on the next date fixed. List/put up this case on 25.04.2022 as fresh. Till the next date of listing, no coercive action shall be taken against the applicant in Case No. 558 of 2021; State Versus Jitendra Kuma, arising out of Case Crime No. 372 of 2020, under Sections-498A, 323, 504 and 506 IPC and Sections-3/4 of D. P. Act, P. S.-Line Bazar, District-Jaunpur, peding in the Court of C. J. M., Jaunpur." 5. Thereafter on 05.03.2024 the Court passed the following order: "Learned counsel for the applicant filed second supplementary affidavit, let it be kept on record. Learned counsel for the applicant is present. According to him, one more application under Section 482 Cr.P.C. No. 8833 of 2021 of co-accused persons in the same case crime number is pending before the co-ordinate Bench of this Court, hence, a prayer is made to connect this application with application under Section 482 Cr.P.C. No. 8833 of 2021. Both the files are said to be related to one in the same charge sheet and F.I.R., hence the prayer is allowed. Let this file be connected with application under Section 482 Cr.P.C. No. 8833 of 2021 (Phool Chandra And 6 Others Vs. State of U.P. and Another). List on 20.03.2024 in the additional cause list. Interim order, if any, is extended till the next date of listing. " 6. In the connected application on 26.09.2021, the following order was passed: "Heard learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 18.12.2020 and the cognizance order dated 08.02.2021 in Case No. 558 of 2021 (Case Crime No. 372 of 2020), U/S 498-A, 323, 504, 506 IPC and 3/4 D.P. Act at P.S. Line Bazar, District Jaunpur pending in the Court of learned Chief Judicial Magistrate, Jaunpur against the applicants. The contention advanced by learned counsel for the applicants is that all the applicants being members of family and the brothers and sisters, most of them being unmarried brothers and sisters of the husband of the victim, have been falsely implicated in the present case. It is argued that they have been implicated in the present case and present criminal prosecution has been launched with an ulterior motive at the end of the victim who wants to live alone with her husband which her husband has refused. It is also argued that there is no evidence available to the police that the applicants have ever committed any mental or physical assault upon the victim.Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. From the perusal of first information report, documents brought on record and pleadings raised in the affidavit filed in support of application as well as over all facts and circumstances of the case, prima facie argument advanced by learned counsel for the applicants appears to have substances and matter requires consideration. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. Issue notice to opposite party no. 2 returnable within four weeks at the address given in the application. Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List on the date indicated in the notice. In the meanwhile, further proceedings pursuant to the charge sheet submitted in the aforesaid case against applicants shall remain stayed. However, pendency of this application and interim protection granted herein above shall not come in the way of the trial of husband Jitendra Kumar being conducted and the same shall be brought to its logical end. " The supplementary affidavit have been filed today and from the perusal of the same Annexure-1 page-8 which shows that the court below, CJM, Jaunpur on 24.01.2025 in the proceeding of case no. 372 of 2020, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, verified the compromise and annexure-2 at page-11 shows that by mutual consent the husband and the wife who happens to be the applicant in the leading application and opposite party no.2 in the connected application got mutual divorce from the family court, Jaunpur on 28.01.2025. The relief sought is for quashing of the said proceedings. 7. In view of the above, learned AGA for the State as well as learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same. The submits that the compromise stood entered and certified copy of the order filed by way of an affidavit today itself. 8. Having heard the learned counsel for the parties, I am of the opinion that since the parties have themselves compromised and the same stands verified and the decree of mutual divorce, thus nothing remains to be further proceeded. 9.Accordingly, the application is allowed. 10. The entire proceeding of case no.558 of 2021 (State vs. Jitendra Kumar) arising out of case crime no.372 of 2020, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Line Bazar, District Jaunpur pending in the court of Chief Judicial Magistrate, Jaunpur are hereby quashed against the applicants. Order Date :- 5.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad