Court No. - 80
Case :- APPLICATION U/S 482 No. - 19236 of 2020
Applicant :- Shakuntala And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 912 of 2018 (Kamlawati Vs. Sarvesh and others), under Section 436 of IPC pending in the court of Judicial Magistrate, Maharajganj as well as to quash the summoning order dated 02.04.2019 passed in the said case, by which applicants have been summoned to face trial.
Heard learned counsel for applicants and learned AGA for State.
It has been argued by learned counsel for applicants that initially an first information report was lodged against applicants and after investigation, police have submitted final report. Against that final report, opposite party no.2 has filed a protest petition which was registered as a complaint case and thereafter complainant was examined under Section 200 Cr.P.C. and two witnesses were examined under Section 202 Cr.P.C. and the impugned summoning order was passed. Learned counsel submitted that no prima facie case is made out against applicants and that they have been summoned in an arbitrary manner. It was further submitted that one Pandit @ Ashok was not named in first information report or even in statement of complainant recorded under Section 200 Cr.P.C. but he has also been summoned as an accused. It has been further submitted that various litigations were pending between applicants and opposite party no.2 and the applicants, who are mother and son, have been falsely implicated in this case due to that reason.
Learned AGA submitted that there is no illegality or perversity in the impugned order and a prima facie case is made out against applicants, hence the impugned proceedings/complaint are not liable to be quashed.
In the instant matter, perusal of record shows that the witnesses examined under Section 202 Cr.P.C. have supported the version of complainant and they have claimed as eye witness of incident. Alleged Pandit @ Ashok is not applicant in the instant matter. Considering allegations made in complaint and also considering the statement of complainant under Section 200 Cr.P.C. and of witnesses under Section 202 Cr.P.C. it cannot be said that no prima facie case is made out against applicants. It is well settled that questions of fact cannot be adjudicated in proceedings under Section 482 Cr.P.C.
The legal position on the issue of quashing of criminal proceedings is well- settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases.
In the instant matter, the submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
After considering arguments raised by the learned counsel for parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 CrPC. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the applicants, on the basis of which the impugned complaint can be quashed going by the settled law in 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 Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another 2005 SCC (Cr.) 283.
Similarly so far as the impugned summoning order is concerned, perusal of material on record shows that the impugned summoning order has been passed by applying due procedure and no substantial illegality, perversity or any other substantial error could be pointed out. It is well settled that the power under section 482 Cr.P.C has to be exercised by the High Court, interalia, to prevent abuse of the process of any court or otherwise to secure the ends of justice. Though the powers possessed by the High Court under Section 482 of Cr.P.C are very wide but the very plenitude of the power requires great caution in its exercise. The inherent power cannot be exercised to stifle a legitimate prosecution. Such powers have to be exercised only to give effect to any order under Cr.P.C. to prevent abuse of the process of any court and to secure the ends of justice.
Accordingly, the prayer as made above, is refused.
However, keeping in view the facts of the matter and impact of Covid-19 Pandemic, it is directed that in case applicants appear and surrender before the Court below and apply for bail within a period of 45 days from today, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of 45 days from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants.
The instant application is disposed off with aforesaid observations.
Order Date :- 5.1.2021 Mohit