Court No. - 38
Case :- APPLICATION U/S 482 No. - 15137 of 2019 Applicant :- Mushahid And 7 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceeding of Complaint Case No. 350 of 2017, (Smt. Ainul Nisha vs. Mushahid & others), under Sections 498-A, 323, 504, 506 IPC, Police Station Didauli, District Rampur pending before the learned Chief Judicial Magistrate, J.P. Nagar (Amroha) as well as impugned summoning order dated 7.9.2017 passed by Chief Judicial Magistrate, J.P. Nagar (Amroha).
Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicants and learned AGA for the State.
Learned counsel for the applicants has submitted that all the accused-applicants are innocent in nature and they have falsely been implicated. Applicant no. 2 is the wife of applicant no. 1, Mushahid who were married 20-22 years ago. All the family members have been roped in a false case. The matter was then referred to mediation centre for compromise but the mediation was also failed. The complaint lodged against them is abuse of process of law which is liable to be quashed.
Learned AGA has vehemently opposed the prayer made by the learned counsel for the applicant submitting that at this stage, only prima-facie cognizable case is to be seen, merit and demerit of the case cannot be adjudicated at this stage, as such, application is liable to be dismissed.
In State (NCT of Delhi) vs. Shiv Kumar Yadav (2016) 1 SCC (Crl.) 510, it has been held by the Apex Court that 'the power of judicial superintendence under Article 227 or under Section 482 Cr.P.C. has to be exercised sparingly when there is patent error or gross injustice in the view taken by a subordinate court'.
From perusal of material on record, it transpires that a complaint was lodged by the opposite party no. 2 against the applicants on account of demand of dowry. The accused- applicants have hurled abused, beaten her and also caused cruelty with her. Before passing the impugned order, learned Magistrate has also recorded the statement of opposite party no.
2 under Section 200 Cr.P.C. and of witnesses produced by her under Section 202 Cr.P.C.
All the submissions made by the learned counsel for the applicants relates to the disputed question of fact which can be raised before the court below at appropriate stage. From perusal of record, it cannot be said that no offence is made out against the applicants at this stage.
However, it is provided that if the applicants appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
It is further provided that the applicants no. 2, 4, 7 and 8, namely, Momina, Saleha, Aalima and Shahid shall be released on interim bail till the final disposal of the regular bail application.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 29.4.2019 Saurabh