Allahabad High Court
DHARMENDRA YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Disposal
- Dismiss
Holding
The Court allowed the withdrawal of the application under Section 482 CrPC and dismissed the application as withdrawn.
Summary
The applicants, Dharmendra Yadav and another, filed a withdrawal application under Section 482 of the Criminal Procedure Code, stating that the underlying dispute stemmed from a matrimonial conflict between the second respondent and her husband. An FIR had been lodged and a charge‑sheet filed in Crime No. 932 of 2009, charging the applicants under Sections 498‑A, 323 and 506 of the IPC. The applicants sought to withdraw the criminal miscellaneous proceeding and requested that the trial proceed on its merits. The High Court examined whether a withdrawal could be permitted under Section 482 CrPC. Finding no impediment, the Court allowed the withdrawal and dismissed the application as withdrawn, vacating any interim orders. The matter was thereby closed pending the regular trial of the criminal charges.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be withdrawn at the request of the accused when the underlying FIR arises from a matrimonial dispute
- Whether the trial of the substantive criminal charges can continue on merits after withdrawal of the Section 482 application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 498-A, 506
Subjects
- withdrawal of criminal proceeding
- Section 482 CrPC
- domestic violence
- IPC 498-A
- criminal procedure
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 36570 of 2010
Dharmendra Yadav And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajeet Shukla, Indrabhan Singh, Neelam
Mishra
Counsel for Opposite Party(s) : Govt. Advocate
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Criminal Misc. Withdrawal Application No. 3 of 2026
1. The withdrawal application has been filed by the accused-applicants on
the ground that there was a matrimonial dispute between respondent no. 2
and her husband. Consequently, an FIR was registered and after
investigation, charge sheet has been submitted in Case Crime No. 932 of
2009, under Sections 498-A, 323 and 506 IPC, Police Station Dubauliya,
District Basti. However, the accused-applicants do not wish to press the
instant criminal miscellaneous application and submit that they want that
trial may be proceeded and be decided on merits in accordance with law.
2. In view of the aforesaid facts and circumstances, the withdrawal
application is hereby allowed and consequently the instant Application U/s
482 Cr.P.C. is dismissed as withdrawn.
3. Interim order, if any, stands vacated.
September 11, 2026
Junaid
(Sandeep Jain,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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