Allahabad High Court
Chatra Pal Singh And Others vs State Of U.P. And Another on 31 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:153167 Court No. - 92 Case :- APPLICATION U/S 482 No. - 10906 of 2010 Applicant :- Chatra Pal Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Vikash Tiwari, learned counsel for the applicants and Shri Sandeep Chaudhary, learned AGA for the State.
2. The instant application was filed by the applicants seeking quashing of the summoning order dated 31.05.2005 passed by the learned Chief Judicial Magistrate, Orai in Criminal Case No. 968 of 2005 (State Vs. Chatrapal and others) under Sections 498A, 323, 504, 506 IPC, P.S. Kotwali, District Jalaun, on the basis of settlement of matrimonial disputed between the applicant No. 1 and opposite party no. 2 herein. Vide order dated 18.05.2010, this Court has issued notice to opposite party no. 2 and stayed further proceedings of Criminal Case No. 968 of 2005. The office report dated 17.06.2010 reports that notice issued to opposite party no. 2, however the office report dated 04.07.2019, reports that notice issued to opposite party no. 2 has not been returned back.
3. Learned counsel for the applicant submits that the applicant no. 1 and the opposite party no. 2 are living together as they had settled their matrimonial disputes since July 2003. However, the criminal case against the applicants was registered in the year 2005, since then there is no subsequent settlement between the parties. The instant application has been filed allegedly on the affidavit of the opposite party no. 2. There is no affidavit on behalf of any of the applicant in support of the instant application and in the affidavit filed in support of the instant application, the opposite party no. 2 has not claimed that she is filing the affidavit as the Parokar of the applicants.
4. Further, despite the notice issued to opposite party no. 2, she has not put in any appearance till date.
5. Therefore, in view of the aforesaid facts and circumstances of the case, the instant application in considered view of this Court is not maintainable as the same has not been properly instituted. Hence, the same isdismissed.
Order Date :- 31.7.2023 Ashutosh