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2025 DAILYLAW 38401 (ALL)

PAWAN KUMAR AND ANOTHER v. State of U.P. AND ANOTHER

A483/515/2024 · 2025-03-06

Nalin Kumar Srivastava

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:33631 Court No. - 82 Case :- APPLICATION U/S 483 No. - 515 of 2024 Applicant :- Pawan Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the learned trial court to decide the Discharge Application dated 22.10.2021 filed in Criminal Case No. 26 of 2020 (State Vs. Pawan Kumar and others) arising out of Case Crime No. 01 of 2009, under Sections 498A, 323, 504, 506 I.P.C., Police Station Mahila Thana, Distict Maipuri, on the basis of compromise entered into between the parties in Matrimonial Case No. 21 of 2021 (Pawan Kumar Vs. Smt. Kushuma Devi), under Section 13-B of Hindu Marriage Act, 1955, pending in the court of Civil Judge (J.D.)/F.T.C./C.A.W., Mainpuri, expeditiously within a stipulated period. 2. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 3. It was brought to the notice of the Court that in this case divorce had taken place between the applicant Pawan Kumar and opposite party no. 2 Smt. Kushuma Devi under Sections 498A, 323, 504, 506 I.P.C. and now all the disputes have been settled between the parties but the present case under Sections 498A, 323, 504, 506 I.P.C. is pending at the stage of recording of evidence of accused- opposite party no. 2 and opposite party no. 2 is not coming before the court which is creating delay in disposal of the case. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court is directed to make all the endeavours to decide the Discharge Application dated 22.10.2021 filed in Criminal Case No. 26 of 2020 (State Vs. Pawan Kumar and others) arising out of Case Crime No. 01 of 2009, under Sections 498A, 323, 504, 506 I.P.C., Police Station Mahila Thana, Distict Maipuri expeditiously, preferably within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. 7. With the above observations, the application stands disposed of. Order Date :- 7.3.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad