Allahabad High Court
Pradeep Kumar Yadav And 2 Ors vs State Of U.P. And Another on 4 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:156863 Court No. - 92 Case :- APPLICATION U/S 482 No. - 32234 of 2014 Applicant :- Pradeep Kumar Yadav And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey,Anand Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Hafeez Khan,Jainendra Kumar Mishra Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Anand Kumar Singh, learned counsel for the applicants, Shri Jainendra Kumar Mishra, learned counsel for the opposite party no.2 and Sri Pankaj Srivastava, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire criminal proceedings of Case No. 2145 of 2013 (State Vs. Pradeep Yadav & Others), arising out of Case Crime No. 05 of 2013, under Sections 498-A, 406, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Kanpur Nagar, pending in the court of M.M. IVth, Kanpur Nagar.
3. Learned counsel for the applicants submits that the instant case has been registered against the applicants and three other persons due to matrimonial discord between the applicant no.1 and the opposite party no.2. He further submits that from the plain reading of the F.I.R. and particularly the statement of the opposite party no.2/ complainant dated 10-05-2021, there are no specific allegation against the applicant no.2. Learned counsel for the applicants further submits that the applicant no.2 was posted as Subedar in Army and he along with his wife was residing in the government accommodation from 05-12-2010 to 19-03-2013, therefore, no incident as alleged was taken place in presence of the applicant no.2. Learned counsel for the applicants further submits that the applicant no.3 who is the wife of the applicant no.2 was also residing with the applicant no.2, hence she was also not present in the matrimonial house where the incident alleged to have been taken place. In view thereof, learned counsel for the applicants has submitted that the instant complaint has been filed only on the basis of false and fabricated facts naming the applicants and three other persons who were exonerated in the chare-sheet, just to harass the applicants, therefore, he prays for quashing of the entire criminal case.
4. Learned counsel for the opposite party no.2 having gone through the statement of the opposite party no.2 dated 19-05-2013 submits that there is no specific allegation against the applicant no.2, however, a categorical and specific allegations have been made against the applicant nos.1 and 3, hence, there is no ground for quashing the criminal proceedings against the applicant nos.1 and 3.
5. Learned A.G.A. for the State submits that from the record it is not apparent where the applicant no.2 was posted at the relevant time. He further submits that there is no ground for quashing the criminal proceedings against the applicants.
6. I have heard the rival submissions of the parties and carefully perused the record.
7.From the perusal of the F.I.R. and the statement of the complainant/opposite party no.2, the specific allegation has been made against the applicant nos.1 and 3, however, no specific allegation has been made against the applicant no.2, except the general allegation. Therefore, this Court finds it fit to quash the criminal proceeding against the applicant no.2. However, in the considered opinion of this Court, there is no ground for quashing of the criminal proceedings against the applicant nos.1 and 3.
8. The entire criminal proceedings of Case No. 2145 of 2013(State Vs. Pradeep Yadav & Others), arising out of Case Crime No. 05 of 2013, under Sections 498-A, 406, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Kanpur Nagar, pending in the court of M.M. IVth, Kanpur Nagar are quashed so far as it relates to applicant no.2.
9. This Court do not find any ground to quash the said criminal proceedings against the applicant nos.1 and 3, therefore, the application under Section 482 Cr.P.C. filed by the applicant nos.1 and 3 is dismissed.
10. The instant application under Section 482 Cr.P.C. is partly allowed.
11. Interim order, if any, stands vacated.
Order Date :- 4.8.2023 pks