Allahabad High Court
DHARMENDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 CrPC was dismissed for want of prosecution.
Summary
The applicant Dharmendra filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet and cognizance order in a criminal case involving offences under Sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act, and also requested a stay of further proceedings. The matter was referred to the Court's Mediation and Conciliation Centre, which reported that the parties were unwilling to mediate. Despite three counsels being listed for the applicant, none appeared to press the application before the Court. Consequently, the Court dismissed the application for want of prosecution. The interim order previously granted was vacated and any pending applications were ordered disposed.
Issues considered
- Whether an application under Section 482 CrPC can be entertained when the applicant is not represented before the Court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482
- quash petition
- criminal procedure
- mediation
- dismissal for want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 3751 of 2023
Dharmendra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Srivastava, Diwakar
Tiwari, Vimal Dharm Yadav
Counsel for Opposite Party(s) : Arjun Singh Solanki, G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicant to press this
application under Section 482 Cr.P.C. despite the fact that there
are three learned counsels appearing in the matter.
3. Sri V.D. Ojha, learned counsel for the State and Sri Arjun
Singh Solanki, learned counsel for the opposite party no.2 are
present.
4. The present application under Section 482 Cr.P.C. has been
filed by the applicant Dharmendra, with the prayers to quash
the entire proceeding including the charge sheet dated
05.08.2022 as well as cognizance/summoning order dated
19.12.2022 passed by learned Civil Judge (Junior
Division)/Judicial Magistrate/FTC, Kasganj in Case No. 66 of
2022 (State Vs. Dharmendra) arising out of Case Crime No. 23
of 2022, under Sections 498-A, 323, 504, 506 IPC and Section
3/4 D.P. Act, P.S. Mahila Thana, District Kasganj, pending in
the said court court and with a further prayer to stay the further
proceedings of the aforesaid case, during the pendency of the
present application.
5. The matter was referred to the Mediation and Conciliation
Centre of this Court vide order dated 14.02.2023. The office
through its report dated 09.08.2023 has place on record a report
of the Mediation Centre, on perusal in which the parties will
not willing for the mediation as reported by the Mediation in its
report dated 20.07.2023.
A482 No. 3751 of 2023
2
6. Today since there is no representation on behalf of the
applicant to press this application 482 Cr.P.C. even in the
revised, the same is dismissed for want of prosecution.
7. Interim order, if any, stands vacated.
8. Pending application(s), if any, shall stand disposed of.
May 6, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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