Amar Kumar @ Kallu @ Aman & Others vs State Of U.P. & Another
2015 Latest Caselaw 1421 ALL

Citation : 2015 Latest Caselaw 1421 ALL
Judgement Date : 23 July, 2015

Allahabad High Court

Amar Kumar @ Kallu @ Aman & Others vs State Of U.P. & Another on 23 July, 2015

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- APPLICATION U/S 482 No. - 8577 of 2006
 

 
Applicant :- Amar Kumar @ Kallu @ Aman & Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sushil Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and the learned A.G.A.

Present application has been filed for quashing the proceedings of Criminal Case No. 19180 of 2006 under Sections 363, 366 IPC, police station Rail Bazar, district Kanpur Nagar pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

Office report dated 06.9.2006 shows that notice issued to the opposite party No. 2 has been returned back after service however, till date no learned counsel has put in appearance on behalf of opposite party No. 2.

Learned counsel for the applicants contends that applicant No. 1 had married the sister-in-law of the opposite party No. 2 namely Neha on 15.9.2005 and out of said wedlock, two children have also been born. It is further contended that sister-in-law of the opposite party no. 2 was major and thus she married the applicant No. 1 out of her own free will and is living with her husband presently. Learned counsel for the applciants has drawn the attention of this Court to annexure-2 which is the registration certificate of Nashara Begum deponent (now Neha) according to which date of birth is 30.9.1983. Learned counsel has next contended that the applicant NO. 1 as well as Nashara Begum are present before this Court along with her children and that in spite of service of notice upon the opposite party No. 2 none has appeared on his behalf.

After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the the averments contained in this application and considering the facts and circumstances of the case, this Court is of the opinion that no useful purpose would be served in proceeding further with the matter.

Accordingly, proceedings of Criminal Case No. 19180 of 2006 under Sections 363, 366 IPC, police station Rail Bazar, district Kanpur Nagar pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar is hereby quashed.

Present application accordingly stands allowed.

Order Date :- 23.7.2015

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