Court No. - 80
Case :- APPLICATION U/S 482 No. - 20827 of 2021
Applicant :- Smt. Maya Devi And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Vakalatnama filed by Shri Mridul Chandra Tiwari, on behalf of first informant is taken on record.
Heard learned counsel for the applicants, learned counsel for first informant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dt. 29.7.2021 as well as cognizance and summoning order dated 12.8.2021, State Vs. Rajesh and others, arising out of case crime no. 124 of 2021, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act P.S. Mahila Thana, District Muzaffar Nagar, pending in the court of Judicial Magistrate, Court No.1, Muzaffar Nagar.
As per the allegation made in the F.I.R, it is alleged that O.P. No.2 was married to applicant no. 1 on 16.6.2020, however, after marriage, the applicants started demanding additional dowry and for non-fulfilment of additional dowry, the applicants used to maltreat and torture her and has also turned her out of her matrimonial home.
The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
Per contra, leaned A.GA and learned counsel for first informant has submitted that from perusal of the allegations made in the F.I.R. and the material collected during course of investigation, primafacie offence is clearly made out against the applicants and as such, charge sheet , cognizance order and summoning order cannot be quashed.
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, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.
P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge sheet is refused.
The application filed under section 482 Cr.P.C. is devoid of merit and is accordingly dismissed.
Order Date :- 27.10.2021 R