Hanuman Prasad Tripathi v. State of Uttar Pradesh

Court No. - 34 Case :- APPLICATION U/S 482 No. - 13924 of 2021 Applicant :- Hanuman Prasad Tripathi Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Manisha Chaturvedi,Saurabh Shukla Counsel for Opposite Party :- G.A.,Satya Prakash Pandey,Shree Prakash Upadhyay Hon'ble Ajit Kumar,J.

¶1Heard Ms. Manisha Chaturvedi, learned counsel for the applicant, Sri Satya Prakash Pandey, learned counsel for the informant and learned A.G.A. for the State.

¶2The applicants here in this case have challenged the charge-sheet dated 17.10.2019 and the summoning order dated 04.03.2020 passed in Case No. 917 of 2020 arising out of Case Crime No. 0185 of 2019 under Sections 498-A, 504 I.P.C. and Section 3/4 D.P. Act.

¶3This Court had already entertained this petition and stayed the proceedings so far as father and mother of applicant no. 3 Atul Tripathi are concerned vide order dated 01.11.2022, however, since the parties have reached to a compromise outside the Court and now 13-B application pending in the Court of Principal Judge, Family Court, Gyanpur, Bhadohi, has been directed to be disposed of, by this Court today itself in the Matter under article 227 of the constitution being number as 3594 of 2023, and permanent alimony of Rs. 8,50,000/- has been paid to opposite party no. 2, this application deserves to be allowed.

¶4Accordingly, In view of the above, the charge-sheet dated

17.10.2019, summoning order 04.03.2020 as well as all consequential proceedings of Case No. 917 of 2020 arising out of Case Crime No. 0185 of 2019 under Sections 498-A, 504 I.P.C. and Section 3/4 D.P. Act, are hereby quashed against all the applicants in the light of the law laid down by the Supreme Court in the case of B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675.

¶5Thus present 482 Cr.P.C. application stands allowed as above. Order Date :- 8.11.2023 Shiraz High Court of Judicature at Allahabad