Court No. - 80
Case :- APPLICATION U/S 482 No. - 18774 of 2021 Applicant :- Moin Khan @ Nilu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sumer Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Complaint Case No. 9367 of 2018 (Shakila Bano vs. Mohd. Moin Khan and others), under Sections 498-A, 323, 506 IPC, Section 4 of D.P. Act, Police Station Kotwali, District Fatehpur, pending in the court of Civil Judge (J.D.)/F.T.C./C.A.W., Fatehpur.
As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 22.11.2016, however, after the said marriage, applicants started making additional demand of dowry from the opposite party no. 2 and for non-fulfilment of additional dowry, she was tortured, maltreated and subjected to cruelty and turned out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicants and the present criminal case 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 complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicants and as such entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light 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 disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the entire proceedings is therefore refused.
However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail be considered and decided expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 28.10.2021 Vikram Gupta