Court No. - 85
Case :- APPLICATION U/S 482 No. - 34430 of 2019 Applicant :- Rajeev Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra,Harish Chandra Counsel for Opposite Party :- G.A.,Kanjaanan Pyare Singh
Hon'ble Gautam Chowdhary,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of charge-sheet dated 28.8.2018 and cognizance order dated 29.4.2019 as well as entire proceeding of Special Case No. 14 of 2019 (State vs. Rajeev Gupta), arising out of case crime no.303 of 2018, under Sections 420, 406, 504, 506, 323 I.P.C. and 3(1) ;D and 3(1) Dh S.C./S.T. Act, Police Station Civil Line, District Rampur, pending in the court of IInd, Addl. District and Sessions Judge, Rampur.
It seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to the court concerned for verification of compromise between the parties but from perusal of the report dated 08.03.2021 obtained from the court concerned that the process of compromised had not taken place between the parties.
Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and learned AGA. Perused the record.
Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736 may be usefully referred to in this regard.
The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked.
Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.
The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.
The application therefore, stands dismissed. The interim order, if any, is vacated.
Order Date :- 28.7.2021 shiv