Court No. - 69
Case :- APPLICATION U/S 482 No. - 9297 of 2008
Applicant :- Smt. Pramila Panwar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- G.S. Hajela
Counsel for Opposite Party :- Govt. Advocate,Ajay Kumar Pandey,Dr. Om Prakash Yadav,N.K Singh,S.R. Yadav
Hon'ble Vivek Kumar Singh,J.
List revised.
None appeared on behalf of opposite party no.2, however, the names of Sri Ajay Kumar Pandey, Dr. Om Prakash Yadav, Sri N.K Singh, Sri S.R. Yadav, learned counsel has been shown in the cause list on behalf of opposite party no.2.
Heard Sri R.P. Singh Parihar, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.
This 482 Cr.P.C. application has been filed for quashing the charge sheet No.209 of 2007 (Crime No.370 of 2007) as well as the proceedings of Criminal Case No.15521 of 2007 (State of U.P. Vs. Brijendra Singh and Another), under Sections 504, 506 I.P.C.,P.S. Hariparwat, District Agra, pending in the Court of learned Chief Judicial Magistrate, Agra.
It is submitted by the learned counsel for the applicants that institution of present criminal proceedings are due to some civil dispute pending between the parties. It is further submitted by the learned counsel for the applicants that the cognizance order passed by the learned Magistrate does not disclose any reasons and the learned Court below has not taken into consideration the existing facts and circumstances of case while summoning the applicants. Learned counsel for the applicants has drawn the attention of this Court towards Sections 504 and 506 I.P.C. which reads as under:-
• "Section 504 in The Indian Penal Code:- Intentional insult with intent to provoke breach of the peace:— Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• Section 506 in The Indian Penal Code:- Punishment for Criminal Intimidation:— Criminal Intimidation as defined under Sec 506 IPC, states that "Whoever commits the offence of
criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both."
It is submitted by the learned counsel for the applicant that the allegations contained in the aforesaid complaint do not constitute the offence under the charged sections as these lacks the basic ingredients of charged sections. It is further submitted that the complaint is totally malafide and is based on concocted facts as well as it lacks bonafide and has been moved with an oblique motive to harass the applicants who are senior citizens only for extorting money from them. It is thus, submitted that the continuance of present proceedings is bad in law. In support of his contention learned counsel for the applicants has placed reliance on the following judgements of the Apex Court:-
• 2019 (6) S.C. ALE-794 Cr. Appeal No.759 of 2019 Vikram Johar Vs. State of U.P. and another decided on 26.4.2019.
• 2017 Law Suit (S.C.) 990 Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujrat and another decided 4.10.2017.
• Law (S.C.) 2017-3-105 Vineet Kumar Vs. State of U.P. and another decided on 31.3.2017.
• 2014 (1) All. J.I.C. 618 (S.C.) Varinder Singh Vs. State of Punjab and another and another decided on 16.1.2014.
• 2000 Law Suit (S.C.) 196-S. Sagar Suri Vs. State of U.P. decided on 28.1.2000.
After hearing the learned counsel for the applicant and learned A.G.A., and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion, that the arguments as raised by learned counsel for the applicants has substance.
In view of the foregoing discussions the charge sheet No.209 of 2007 (Crime No.370 of 2007) as well as the proceedings of Criminal Case No.15521 of 2007 (State of U.P. Vs. Brijendra Singh and Another), under Sections 504, 506 I.P.C.,P.S. Hariparwat, District Agra, pending in the Court of learned Chief Judicial Magistrate, Agra, are hereby quashed.
This 482 Cr.P.C. application is disposed off, accordingly.
Order Date :- 21.8.2019 Dev/-