Allahabad High Court
RAMESH VISHWAKARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 CrPC is dismissed as not pressed.
Summary
Ramesh Vishwakarma filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 19‑09‑2022 and the cognizance and summoning order dated 29‑09‑2022 in a criminal case (Sections 498A, 323, 506 IPC) pending before the Civil Judge (Jr. Div.) in Varanasi, and also requested a stay of further proceedings. The matter was referred to the Court’s Mediation and Conciliation Centre, which reported that mediation was completed but no settlement was reached. Subsequently, counsel for the applicant argued that the application should be dismissed as not pressed. The High Court accepted this submission and dismissed the application as not pressed, ordering the trial court to be informed of the dismissal.
Issues considered
- Whether the application under Section 482 CrPC for quashment of the charge sheet and cognizance order is maintainable and pressed.
- Whether a stay of the criminal proceedings is warranted pending the outcome of the miscellaneous application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 498A, 506
Subjects
- Criminal Procedure
- Section 482
- Quashment of charge sheet
- Stay of proceedings
- Mediation
- Domestic violence
- Not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 34633 of 2023
Ramesh Vishwakarma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Rai
Counsel for Opposite Party(s) : Amit Kumar Pandey, G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Arvind Kumar Rai, learned counsel for the applicant, Sri
Triveni Saran Rai, learned A.G.A. for the State is present. Perused the
records. Sri Amit Kumar Pandey, learned counsel for the opposite party
no. 2 is not present.
3. This application has been filed by the applicant with the following
prayers:-
It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and to quash the charge
sheet dated 19.09.2022 as well as cognizance and summoning order dated
29.09.2022 passed by Civil Judge (Jr.Div)/F.T.C 02, Varanasi in Case
No.206350 of 2022, State Versus Ramesh Vishwakarma and Others
(Arising out of Case Crime No.18 of 2022), Under Section 498A, 323,506
I.P.C. Police Station Mahila Thana Badagaon, District Varanasi.
It is further prayed that this Hon'ble Court may kindly be pleased to stay
the further proceeding of Case No.206350 of 2022, State Versus Ramesh
Vishwakarma and Others (Arising out of Case Crime No.18 of 2022),
Under Section 498A, 323, 506 I.P.C. Police Station Mahila Thana
Badagaon, District Varanasi, Pending in the Civil Judge (Jr.Div)/F.T.C
02, Varanasi, during the pendency of the present criminal misc.
application, otherwise the applicant shall suffer an irreparable loss and
A482 No. 34633 of 2023
2
injury.
And/or pass such other and further order as this Hon'ble Court may deem
fit and proper under the fact and circumstances of the case."
4. The matter was referred to the Mediation and Conciliation Centre of
this Court vide order dated 26.09.2023. As per office report 29.2.2024 a
report of Mediation and Conciliation Center of this Court is placed on
record. This Court has perused the same and the said report dated
10.1.2024 shows that mediation has completed but no agreement could
not arrived between the parties.
5. Learned counsel for the applicant submits that the present application
be dismissed as not pressed. Prayer is allowed.
6. The matter is dismissed as not pressed.
7. Pending application(s), if any, shall stand disposed of.
8. Interim order, if any, stand vacated.
9. Registrar (Compliance) to communicate this order to the concerned
trial court/District Judge for information and necessary action within two
weeks.
(Samit Gopal,J.)
May 12, 2026
Naresh
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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