Ashutosh Singh vs The State Of U.P And Anr.
2024 Latest Caselaw 2986 ALL

Allahabad High Court

Ashutosh Singh vs The State Of U.P And Anr. on 2 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:10146
 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 6538 of 2013
 
Applicant :- Ashutosh Singh
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Mayankar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Subhash Vidyarthi,J.
 

1. Heard Sri Ram Krishna Pratap Singh, Advocate holding brief of Sri Mayankar Singh, the learned counsel for the applicants and Sri Anant Pratap Singh, the learned A.G.A appearing on behalf of the State.

2. The instant application has been filed under Section 482 Cr.P.C, the applicant has sought quashing of the charge sheet dated 14.11.2023 arising out of Case Crime No. 18 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow as well as the cognizance order dated 14.11.2013 passed in Case No. 4295/2013, State V.s Ashutosh Singh, pending before the Court of Judicial Magistrate-II, Lucknow.

3. The notice of application was issued to the opposite party no.2 and the office has reported on 11.03.2014 that the notice was served but the opposite party no.2 has not put in appearance.

4. The State has also not filed any counter affidavit.

5. Proceeding of the Case No. 4295/2013 (State vs. Ashutosh Singh) arising out of Case Crime No. 18 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow were stayed by means of an order dated 11.12.2013. An affidavit has been filed by the applicant stating that the applicant and the opposite party no.2 had filed suit no. 1802 of 2015 under Section 13-B of the Hindu Marriage Act., which has been decreed by means of a judgment and order dated 18.01.2016 passed by the Principal Judge, Family Court, Lucknow. It is inter alia mentioned in the judgment dated 18.01.2016 that the criminal proceedings instituted by the opposite party no.2 against the applicant will be quashed on the consent of the opposite party no.2.

6. As opposite party no.2 has expressed her willingness for quashing of the criminal proceedings against the applicant and yet she is not appearing before this court in spite of service of notice upon her in the year 2014, I am of the view that continuance of criminal prosecution against the applicant inspite of the marriage between the parties having been dissolved by mutual consent and inspite of the parties having been agreed for quashing of the proceedings, would defeat the interest of justice.

7. Accordingly, the application is allowed and charge sheet dated 14.11.2023 arising out of Case Crime No. 18 of 2013, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gudamba, District Lucknow as well as the cognizance order dated 14.11.2013 passed in Case No. 4295/2013, State V.s Ashutosh Singh are hereby quashed.

(Subhash Vidyarthi,J.)

Order Date :- 2.2.2024

Preeti.