The Hon'ble Criminal Court dismissed an application under Section 482 Cr.P.C. challenging rejection of discharge and framing of charges. The court held that mere existence of matrimonial discord and lack of annexed medical report do not render allegations false or inherently improbable to justify quashing at this stage.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 10858 of 2018
Applicant :- Prashant Saraswat And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devesh Kumar Shukla,Shiv Sharan Tripathi
Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Devesh Kumar Shukla, learned counsel for the applicants, Sri Shiv Sharan Tripathi, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.
The present application has been filed against the order dated 16.11.2017 passed by the Additional Sessions Judge/FTC-1, Aligarh by which the discharge application filed by the present applicants has been rejected. Consequently, the charges have also been framed by another order of the same date.
Learned counsel for the applicants states that the present proceedings are only by way of counter blast to an earlier FIR lodged by the applicants against the younger brother-in-law of the opposite party no.2 with respect to the offence under Section 498-A IPC and other allied sections. Such allegations had arisen from the matrimonial discord between the sister of the applicants and the younger brother-in-law of opposite party no.2.
It is further stated that the prosecution arising from the FIR lodged by the applicants, the matter had been referred to the Mediation Centre of this Court at the instance of the younger brother-in-law of the opposite party no.2 namely Mayank Agarwal in Application U/s 482 Cr.P.C. No. 18242 of 2017. It is thus submitted that the present prosecution has been lodged on wholly false and inherently improbable allegations only to pressurize the applicants and to harass them to withdraw from the earlier criminal case lodged by them. It is also stated that the proceedings under Section 125 Cr.P.C. arising from the matrimonial discord between the sister of the applicants and the younger brother-in-law of the opposite party no.2 is also pending.
In such fact, it has been submitted that the learned court below has erred in rejecting the discharge application and in framing of charges on the same date.
Sri Shiv Saran Tripathi, learned counsel for the opposite party no.2 on the other hand submits that the FIR allegations are wholly true and correct. Though the relationship between the parties is not denied, it is submitted that the FIR allegations were found to be true on the basis of medical report as also the statements recorded during investigation.
As to the medical report, the same has not been annexed with the present application.
Perusal of the impugned order reveals that the learned court below has taken note of the FIR as also the injury report and has thereafter opined that at this stage commission of offence appears to be made out. Accordingly, the discharge application has been rejected and the charges have also been framed.
Having considered the submissions advanced by learned counsel for the parties, merely because there was some matrimonial discord between the sister of the applicants and the younger brother-in-law of the opposite party no.2, it cannot be held, on that basis, that the allegations made in the FIR are false or inherently improbable as may lead to discharge the applicants at this stage or to quashing of the proceedings at this stage. Such conclusion has also been drawn on the basis of medical report, which has not been annexed with the present application. The applicants are already on bail.
In view of the aforesaid observation, the present application lacks merit and is dismissed .
Order Date :- 20.7.2018 Lbm/-
1 issue framed by the court
Whether the allegations in the FIR being false and inherently improbable on account of matrimonial discord and unavailability of medical report warrants rejection of charge framing.
Prashant Saraswat
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
