Court No. - 12
Case :- APPLICATION U/S 482 No. - 42424 of 2018
Applicant :- Smt Sita
Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings as well as charge sheet dated 24.07.2018 in Case No. 6664 of 2018 (State Vs. Ajay Singh and others), arising out of Case Crime No. 1271 of 2017, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhoganipur, District Kanpur Dehat, pending in the court of Chief Judicial Magistrate, Kanpur Dehat.
It is submitted by learned counsel for the applicant that the applicant is the married sister-in-law of the deceased, who has been falsely implicated in the present case on general allegations. It is further submitted that all the family members have already been granted bail by the Court below. It is further submitted that the applicant has minor children and is also looking after minor children of the deceased. It is next submitted that the applicant lives separately from the husband and, therefore, the criminal prosecution of the applicant is against the settled principles of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. It is also submitted that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 at this stage. 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.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 29.11.2018 Rmk.