Court No. - 55
Case :- APPLICATION U/S 482 No. - 42841 of 2018
Applicant :- Anil And 3 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Siya Ram Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings including summoning order dated 20.01.2018 passed in Complaint Case No.1430 of 2017, under Sections 323, 504 and 506 I.P.C., P.S. Dadari, District Gautam Budh Nagar pending in the court of A.C.J.M.III, District Gautam Budh Nagar.
Learned counsel for the applicants submitted that opposite party no.2 is husband of Seema, daughter of applicant no.2. Daughter of applicant no.2 had lodged an F.I.R. on 30.07.2017 under Sections 498-A, 323, 504, 506, 354-B and 307 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Baghpat against opposite party no.2 and his brother. Opposite party no.2 had moved an application under Section 156(3) Cr.P.C. to lodge criminal case against the applicants before the A.C.J.M.III, Gautam Budh Nagar. The A.C.J.M.III, Gautam Budh Nagar had sought report from police station Dadari regarding the alleged offence made in the complaint. Vide order dated the Magistrate had registered the above application as complaint case no.1430 of 2017. Statements under Sections 200 and 202 Cr.P.C. were recorded. On the basis of statements under Sections 200 and 202 Cr.P.C. vide order dated 20.01.2018 the Magistrate concerned had summoned the applicants.
He further submitted that summoning order dated 20.01.2018 has been passed by the court below without applying judicious mind and present criminal proceedings against the applicants are nothing but it is gross misuse of process of law. Both the parties are family members and due to family dispute between husband and wife present proceedings had been initiated.
All the contentions raised by the applicants' counsel relates to disputed questions of fact. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.
Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The Hon'ble Supreme Court has given the board principles which emerge from the precedents on the subject in its judgement in the case of Prabathbai Aahir @ Prabatbhai vs. State of Gujrat (2017) 9 SCC 641.
The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.
Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.
The submissions made by the applicants' learned counsel call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. I do not find any justification to quash the complaint or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing.
The prayer for quashing the same. is refused as I do not see any abuse of the court's process either.
Accordingly, the present application is dismissed.
Order Date :- 28.11.2018 Asha
(Chandra Dhari Singh,J.)