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2025 DAILYLAW 44190 (ALL)

AMIT CHATURVEDI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/32146/2018 · 2025-07-24

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123622 Court No. - 76 Case :- APPLICATION U/S 482 No. - 32146 of 2018 Applicant :- Amit Chaturvedi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case Crime No.5 of 2018, under Sections 498-A, 323, 506 I.P.C., Police Station Kotwali, District Mathura pending before A.C.J.M.-III, Mathura as well as charge sheet dated 21.4.2018. 3. Learned counsel for the applicants submit that the divorce proceedings has been finalized by mutual consent by order dated 29.7.2021. In the present case the first information report was lodged on 2.11.2018. In view of the subsequent divorce decree by mutual consent, the present criminal proceedings are not tenable. 4. Learned A.G.A. does not dispute the divorce decree. 5. Notice was issued to the opposite party no.2 and as per office report dated 5.10.2024, the opposite party no.2 has been served. No one appears on behalf of opposite party no.2. There is no challenge to the divorce decree. 6. In view of the fact that there is a divorce decree by mutual consent between the parties, the present criminal proceedings are not tenable and are hereby quashed. The present application is allowed. Order Date :- 25.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad