In an application under Section 482 Cr.P.C. to quash criminal proceedings, the court dismissed the petitioner's plea, holding that prima facie no malafides were found and rival factual versions cannot be examined under this section.
The application to quash criminal proceedings was dismissed.
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Court No. - 10 Case :- APPLICATION U/S 482 No. - 13543 of 2018 Applicant :- Mohd. Nazar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Sri Mohammad Waseem, learned counsel for the opposite party no. 2 and learned A.G.A.
It is sought to be urged that upon investigation the Investigating Officer had submitted final report. By the impugned order, the court below has summoned the applicant rejecting the final report.
Learned counsel for the applicant submits that the version of the opposite party no. 2 is incorrect and false, rather the F.I.R. was lodged in retaliation and counterblast.
The incident is alleged to have occurred, by both the parties, on the same day i.e. 2 September 2017. The version of the applicant is that there was some quarrel between the families with regard to a Nali, at about 7.30 A.M. as a consequence, the applicant sustained knife injury.
As per the version of the opposite party no. 2, the incident is alleged to have taken place at around 8.30 a.m., version of the other side is that the applicant had tresspassed into the house of the opposite party no. 2 and tried to outrage the modesty of his daughter by threatening her with a knife.
In the circumstances, the factual questions cannot be gone into under Section 482 Cr.P.C. Prima facie, I do not find any mala fides, as is being contended by the learned counsel for the applicant. On closely examining the rival versions, the decision rendered by the Supreme Court in Narinder Singh and others Versus State of Punjab and another , (2014) 6 SCC 466 , relied upon by the learned counsel for the applicant would not apply to the facts of the instant case.
The application being devoid of merit is accordingly dismissed.
Order Date :- 27.4.2018 K.K. Maurya
2 issues framed by the court
Whether the High Court can quash the criminal proceedings despite the impugned order summoning the applicant.
Whether there is any malafide intention in filing the FIR which would warrant quashing under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Narinder Singh and others Versus State of Punjab and anotherDistinguished¶8
Narinder Singh and others Versus State of Punjab and another (2014) 6 SCC 466 · Who else cites this
1 provisions across 1 enactments
Mohd. Nazar
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
