JUDGMENT Poonam Srivastava, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State,
2. This application has been filed for quashing the entire proceedings and charge sheet in case No. 953 of 2005, State v. Chandra Shekhar and Ors., arising out of case crime No. 128 of 2005, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Arnia, District Bulandshahar, pending in the court of Additional Chief Judicial Magistrate (A.C.J.M.) Khurja, District Bulandshahar.
3. The submission on behalf of the applicants is that the first information report has been registered only with a view to cause harassment to the applicants and the entire prosecution story is false and fabricated. The charge sheet has been submitted with collusion of the local police. Copy of two applications dated 22.9.2005 and 27.9.2005 have been annexed as Annexures 4 and 5 to the affidavit. After lodging of the first information report, the allegations were raised against; the Investigating Officer Ram Sewak. Two applications were moved solely with the purpose that a fair and impartial investigation may be carried out. Annexure-6 is a certificate issued by Principal of 'Ramjas Bal Senior Secondary School No. 1 Dariyaganj, New Delhi certifying that Prem Chandra Sharma, who is also an accused in the present case, was present at the relevant time and date of occurrence in the school and therefore, it has been argued that the entire prosecution instituted on the basis of first information report as well as the second charge sheet is nothing short of an abuse of the process of the court.
4. Reliance has been placed on a decision of the Apex Court in the case of Sushil Kumar Sharma v. Union of India and Ors., 2005 All. JIC, 697. Emphasis has been laid that the Apex Court has taken a note of frivolous prosecution of the in-laws and husband in the garb of Section 498A I.P.C and is unconstitutional and ultra vires. However, the court hastened to add that however to prevent abuse of well intentioned provision it is necessary for legislature to find out ways as to how makers of frivolous complaints or allegations can appropriately be dealt with. The Apex Court had noted that the object of the provision introduced was to prevent the dowry menace but instances are not wanting where the complaints are not bona fide and are filed with oblique motive. This decision lays down that in the event, the court finds that the entire allegations were only with a view to cause harassment then suitable action should be taken against misuse of the provisions, which was only with a view to prevent dowry torture and cruelty. The police investigated the matter and has come to a conclusion that the occurrence did take place and submitted charge sheet. A bare reading of the first information report as well as charge sheet prima facie discloses commission of offence, also there is injury report annexed as Annexure-2. Admitting that the injuries are simple but this can not be ruled out that the victim was manhandled, it resulted in the injuries, therefore, accepting the argument on behalf of the applicants, the possibility of the occurrence having taken place can not be completely ruled out.
5. In the circumstances, the applicants are permitted to appear through counsel and claim discharge at the appropriate stage, and the court below shall decide the said application, in accordance with law, after affording opportunity of hearing to the parties, by a reasoned order However, in case the applicants appear within three weeks from today and moves an exemption application under Section 205/317 Cr.P.C., (as the case may be) personal appearance of the applicants shall not be compelled during pendency of the application moved on behalf of the applicants. The court shall take an undertaking from the applicants that they will appear on such dates if the court requires their presence. Till the application for discharge is finally decided, no coercive measures shall be taken against them.
6. With these observations, this application is disposed of.