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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The Court allowed the withdrawal of the application under Section 482 CrPC and dismissed the application as withdrawn.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 Finding no impediment, the Court allowed the withdrawal and dismissed the application as withdrawn, vacating any interim orders.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  • Whether a criminal miscellaneous application under Section 482 CrPC can be withdrawn at the request of the accused when the underlying FIR arises from a matrimonial dispute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

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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