Dismissed

Dilshad v. State of U.P.

Allahabad HC2 Feb 2018A482/1883/2018

Case brief

AI extract

What is this about?

High Court Court No. 42 dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet under Sections 366 and 376 IPC. The application by an accused man claimed the victim was coerced by her father. The court held the allegations did not prima facie disclose no offence and dismissed the petition.

What did the court decide?

The prayer for quashing the charge sheet was refused and the application was dismissed as lacking merit.

Dilshad Vs State of U.P. — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 42 Case :- APPLICATION U/S 482 No. - 1883 of 2018 Applicant :- Dilshad Opposite Party :- State Of U.P. Counsel for Applicant :- Mr S.M. Iqbal Hasan Counsel for Opposite Party :- A.G.A. Hon'ble Ramesh Sinha,J.

¶2

Heard Sri S.M.Iqbal Hasan, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

¶3

This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 21.6.2017 State Vs. Dilshad submitted in Case No.444 of 2017, arising out of Case Crime No.140 of 2017, under Sections 366, 376 I.P.C., Police Station Said Nagli, District J.P. Nagar.

¶4

Learned counsel for the applicant submits that the victim is legally wedded wife of the applicant as she has performed Nikah with the applicant, she remained with him for about 96 days and thereafter the victim had also gone with the applicant to her brother-in-law's house where she stayed and it appears that when was recovered, she deposed against the applicant under influence of her father under whose custody she was given by the learned Magistrate.

¶5

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

¶6

Learned AGA opposed the prayer for quashing of the charge sheet and submitted that as per the statement of the victim recorded under Section 164 Cr.P.C., copy of which is annexed as Annexure-7 to the application, it appears that the victim was sexually exploited by the applicant on the pretext that he would marry her but when the applicant did not marry the victim, the present proceedings have been initiated by her against the applicant.

¶7

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. 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.

¶8

The prayer for quashing the charge sheet submitted in the aforesaid case is refused.

¶9

The present 482 Cr.P.C. application lacks merit. It is accordingly, dismissed.

¶10

Order Date :- 2.2.2018/NS

Dilshad v. State of U.P.

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Dilshad v. State of U.P.

Case brief

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