Court No. - 1
Case :- APPLICATION U/S 482 No. - 24996 of 2018 Applicant :- Gyanesh Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard learned counsel for the applicants, 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 chargesheet dated 21.02.2007 as well as further proceedings of Case No. 570/2012 u/s. 498A, 323 IPC & 3/4 D.P. Act, PS. Sakeet, District Etah arising out of Case Crime No. 197/2006 pending before A.C.J.M, Court No.17, Etah.
Learned counsel for the applicants submitted that respondent no.2 is father-in-law of the petitioner and there was matrimonial dispute between the parties and the case is of 2006 and 12 years have been passed, trial has not yet concluded and no prosecution evidence has been recorded by the Trial Court till date.
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 applicants. 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 charesheet as well as entire proceeding of the aforesaid case is refused.
However, the trial Court is directed to ensure the presence of witnesses and make efforts to conclude the trial preferably within a period of eight months from the date of production of certified copy of this order.
The present 482 Cr.P.C. application is, accordingly, disposed of.
Order Date :- 25.7.2018/Madhurima