Court No. - 1
Case :- APPLICATION U/S 482 No. - 6793 of 2018
Applicant :- Mohammad Ahsan
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Imran Mabood Khan,Mohd. Monis
Counsel for Opposite Party :- G.A.,Abhishek Tiwari
Hon'ble Ramesh Sinha,J.
Heard Sri I.M. Khan, learned counsel for the applicant, Sri Abhishek Tiwari, learned counsel for the opposite party no. 2. and Sri I.P. Srivstava, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 4859 of 2017 arising out of case crime no. 547 of 2016 under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Kotwali, District Etawah as well as charge-sheet dated 3.7.2017 submitted in the aforesaid case.
Learned counsel for the applicant submits that the petitioner is the husband of opposite party no. 2. The dispute between them was referred to Mediation Centre and the applicant has deposited Rs. One Lac at the Mediation Centre but the mediation process between them was not succeeded. The applicant has already got himself bailed out by the competent court.
The contention of learned counsel for the applicant is that no offence against the applicant 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 proceedings of the aforesaid case and the charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 29.3.2018 Shiraz