Neutral Citation No. - 2025:AHC-LKO:40818
Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1004304 of 2013
Petitioner :- Arvind Kumar Maurya
Respondent :- State of U.P.
Counsel for Petitioner :- Anit Vishal Srivastava,Ravi Prakash
Counsel for Respondent :- Govt.Advocate,Abhishek Srivastava,Arvind Kumar Shukla
Connected with
Case :- CRIMINAL MISC. WRIT PETITION No. - 1004063 of 2012
Petitioner :- Dr. Nilesh Kumar
Respondent :- State of U.P.
Counsel for Petitioner :- Anit Vishal Srivastava
Counsel for Respondent :- Govt. Advocate,Abhishek Srivastava,Arvind Kumar Shukla
Hon'ble Saurabh Lavania,J.
1. Since both the petitions arise out of the same FIR/case crime number, the same are being disposed of by a common order.
2. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
3. Criminal Misc. Writ Petition No. -1004304 of 2013 has been filed for the following main relief(s):-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 06.06.2013 passed by learned Additional Chief Judicial Magistrate-III, Lucknow contained as Annexure No.1 to the writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Additional Chief Judicial Magistrate III, Lucknow to discharge the petitioner in Case No. 4449/ 2009 under section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act to meet the ends of justice."
4. Criminal Misc. Writ Petition No.- 1004063 of 2012 has been filed seeking the following main relief(s):-
"(a) a writ, order or directions in the nature of Certiorari quashing the impugned order dated 13.03.2012 passed by Chief Judicial Magistrate, Lucknow and order dated 18.07.2012 criminal revision No.108 108 passed by learned Session Judge, Lucknow contained in Annexure No.1 & 1A to the writ petition.
b) a writ order or directions in the nature of Mandamus commanding and directing the
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opposite parties to discharge to the petitioner in Case No. 4449/2009, under section 498A, 323, 504, 506 I.P.C."
5. Learned counsel for the petitioner, on being pointed out various pronouncements on the issue related to discharge of accused, states that he may be permitted to withdraw the petition(s), which have been filed for the aforesaid prayers whereby the application seeking discharge was rejected as also the order dated 18.07.2012 whereby the order of learned Additional Chief Judicial Magistrate-III, Lucknow was affirmed, with liberty to avail the remedy as available under the law based upon the compromise entered into between the parties on which basis the decree of divorce has already been passed in the year 2020.
6. Learned A.G.A. has no objection to the prayer aforesaid.
7. In view of the aforesaid, both the petitions are dismissed as withdrawn with the liberty aforesaid.
Order Date :- 17.7.2025 Anand/-
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