Court No. - 1
Case :- APPLICATION U/S 482 No. - 25052 of 2018
Applicant :- Abhishek Tivari
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.D. Singh Jadaun, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Criminal Case No. 1575 of 2018, State v. Abhishek Tivari and others, U/s 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Barra, District Kanpur pending in the Court of Learned Additional Chief Metropolitan Magistrate-II, Kanpur Nagar and the charge sheet dated 22.12.2017 submitted by Investigating Officer in Case Crime No. 216 of 2017, U/s 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Barra, District Kanpur Nagar may also be quashed.
The contention of learned counsel for the applicant is that the applicant's wife has earlier lodged F.I.R against the applicant under section 498A I.P.C. which has been compromised in the year 2010. Subsequently, Opposite Party No. 2 who is father-in-law of the applicant has lodged F.I.R. against him for the offence under section 498A I.P.C. stating that his younger daughter was enticed away by the applicant for which Opposite Party No. 2 lodged F.I.R. against the applicant under section 498A, 366, 380, 328, 323, 506, 120B I.P.C. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire criminal proceeding of the aforesaid case based on charge sheet is refused.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2018 VG..