Court No. - 75
Case :- APPLICATION U/S 482 No. - 46993 of 2019 Applicant :- Dhananjay Kishan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Complaint Case No. 3382 of 2017 (Smt. Deepa Sharma Vs. Dhananjay Kishan and others), under Sections 498A, 504, 506 IPC and section 4 of D.P. Act, P.S.Purani Basti, District- Basti, pending in the court of Chief Judicial Magistrate, Basti.
As per the allegations made in the first information report, it is alleged that opposite party no. 2 was married to applicant no. 1 on 15.12.2013, however after the said marriage the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and committed cruelty with her and also turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the 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 proceedings of the aforementioned case is refused.
Learned counsel for the applicants has submitted that applicant has already been released on bail.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239/245 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.12.2019 KU