Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6804 of 2021 Petitioner :- Sunil Kumar Yadav And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Imtiyaj Ali Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
An affidavit of respondent no.3-complainant wife has been filed today which is taken on record.
Heard Sri Imtiyaz Ali learned counsel for petitioners and Sri Haider Ali learned counsel for the respondent no.3 (wife).
The petitioners herein seek for quashing of the First Information Report dated 25.6.2021 registered as Case Crime No.198 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. P.S-
Utraon, District-Prayagraj.
The complainant-respondent no.3/the victim wife namely Shipra Yadav and Sri Sunil Kumar Yadav, petitioner no.1 (husband) are personally present in the Court and have been identified by the counsels appearing on their behalf.
Ms. Shipra Yadav the deponent of the affidavit dated 19.9.2021 personally present in the Court recorded her statement that she has settled the matrimonial dispute amicably and is now residing with her husband at her matrimonial home in the Village-Pahadpur (Jagatpur) Police station-Utraon District- Prayagraj. Before marriage she was residing in the Village- Shahgarh P.S-Sidhari, District-Azamgarh.
It is stated that she has gone to her matrimonial home out of her own sweet will and there is no force or coercion on her and she does not want to pursue the criminal case lodged by her under Sections 498-A, 323, 504, 506 I.P.C.
Considering the above statement of the complainant-respondent no.3, we find that once the dispute between the parties being matrimonial in nature has been settled, there is no useful purpose to continue with the investigation in the present case.
In view of the above statement of the complainant/respondent no.3, the First Information Report dated 25.6.2021 registered as Case Crime No.198 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. P.S-Utraon, District-Prayagraj is hereby quashed.
The criminal writ petition is, accordingly, allowed. Order Date :- 20.9.2021 Harshita