Court No. - 50
Case :- APPLICATION U/S 482 No. - 29651 of 2018
Applicant :- Rajesh Kumar And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Vikrant Neeraj,Chandrakesh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed against the order dated 17.07.2018 passed by Chief Judicial Magistrate, Aligarh in complaint case No. 10849 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Quarsi, District Aligarh.
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 referred to certain evidence 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.
In view of discussions made above, I have come to the conclusion that learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is accordingly dismissed. However, if the applicants appear before the court below and moves application for bail, the same shall be disposed of expeditiously in accordance with law.
If the parties moves application for conciliation talks, the learned Trial Court shall send the matter to the Mediation Center.
Order Date :- 25.9.2018 Vibha