Court No. - 1
Case :- APPLICATION U/S 482 No. - 25051 of 2018
Applicant :- Smt. Dharmwati And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri A.K. Pandey, learned counsel for the applicants and 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 charge sheet dated 3.10.2016 in case crime no.111 of 2016, u/s 498-A, 323, 506 IPC, P.S. Mahila Thana, district Gautam Budh Nagar as well as case no.260 of 2017, pending before C.J.(S.D.)/F.T.C Gautam Budh Nagar.
The contention of learned counsel for the applicant is that the applicants are mother-in-law and devar of opposite party no.2. The husband of opposite party no.2 has already granted bail by the competent court and is facing trial. He further submits that no offence against the applicants 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 charge sheet submitted in the aforesaid case is refused.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicant shall surrender before the court below within three weeks from today.
For a period of three weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring his appearance before it.
The court below while considering the bail of the applicants shall consider the fact that the husband of opposite party no.2 has already granted bail, if the applicants moves bail application.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.7.2018 Gaurav