Hemant Kumar Shukla And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 11052 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 9056 of 2022
 

 
Applicant :- Hemant Kumar Shukla And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravindra Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.,Sanjay Srivastava
 

 
Hon'ble Vipin Chandra Dixit,J.

List has been revised. Heard Sri Ravindra Kumar Dwivedi, learned counsel for the applicants and learned A.G.A. for the State. No one is present on behalf of opposite party no.2.

From the perusal of the order sheet, it transpires that on the last several occasions learned counsel for the opposite party no.2 has not turned up. Today, the case is listed peremptorily but no one is present on behalf of opposite party no.2.

It is submitted by learned counsel for the applicant that the present complaint has been filed by the opposite party no.2 only to harass the applicants. Applicant husband had filed a divorce petition which was registered as Case No. 29 of 2017. Opposite party no.2, in spite of service, had not put in appearance in the divorce proceednings and the divorce suit was decided ex-parte vide judgment and order dated 02.08.2018. The opposite party no.2 had moved an application for recalling of order dated 02.08.2018 along with the delay condonation application. The recall application was also dismissed vide order dated 10.12.2020 for non-appearance of opposite party no.2. The order dated 10.12.2020 is annexed as Annexure no.2. It is further submitted that after obtaining the decree of divorce dated 02.08.2018, the applicant got re-married on 25.08.2019 and the marriage was also registered on 16.03.2021.

The present complaint has been filed by the opposite party no.2 on 30.10.2019 after about 7 years as the opposite party no.2 had filed an application on 28.09.2019 before the Incharge, Kotwali that she was deserted since 10.06.2012. It is further submitted that there was divorce between the parties and the applicant had already got re-married and the present complaint has been filed against the applicant after decree of divorce only to harass the applicants.

In spite of repeated direction no counter affidavit has been filed by the opposite party no.2 and no one has put in appearance to oppose the prayer of applicant.

In view of the above, since the opposite party no.2 is living separately since 10.06.2012 and divorce decree between the parties was passed in favour of the applicant and applicant got re-married and marriage was also registered. The application for recalling of divorce decree was also dismissed and there was no relation of husband and wife between the parties. The present complaint was filed by opposite party no.2 after the decree of divorce only to harass the applicant.

In view of the above the application under Section 482 Cr.P.C. is allowed and the entire proceedings of Case No. 8690 of 2019(Smt. Alpana Shukla Vs. Hemant Kumar Shukla and others), under Section 12 of Domestic Violence Act, P.S.- Barra, District- Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar, are hereby quashed.

Order Date :- 13.4.2023

Virendra