This court rejected an application under Section 482 Cr.P.C. seeking to quash criminal proceedings involving allegations under Sections 498A IPC. The court found no illegality or sufficient ground for interference.
The application under Section 482 Cr.P.C. is rejected.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 20365 of 2019
Applicant :- Smt. Pravesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Kumar Singh, learned counsel for the applicants and Sri Sanjay Singh, learned AGA-I, for the State.
The present application under section 482 Cr.P.C. has been filed with a prayer to quash/set aside the entire proceedings including impugned order dated 21.12.2018 in criminal case No. 402 of 2015(State of U.P. v. Chandan and others) arising out of Case Crime No. 288 of 2014, under sections 498A, 323, 506 IPC and 3/4 of D.P. Act, Police Station- Kotwali, District- Hathras, pending in the court of C.J.M. Hathras.
It is contended by learned counsel for the applicants that the allegations made in the FIR against the applicants are fake, fictitious and concocted. It is next contended by learned counsel for the applicants that the court below has passed the impugned order without application of its mind in a very routine/mechanical manner without going into the facts of the case and prevailing law.
Learned AGA has submitted that the lower appellate court has rightly passed the impugned order after considering the merits of the case.
After hearing the learned counsel for the applciants, learned AGA and after perusing the order impugned as well as material on record, this Court is of the opinion that learned counsel for the applicants could not point out any illegality in the order impugned or any good ground which may warrant interference by this Court for quashing/setting aside the entire proceedings including impugned order dated 21.12.2018.
For the reasons stated above, instant applicant filed under section 482 Cr.P.C. lacks merit and is accordingly rejected .
Order Date :- 23.5.2019 ssm
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. for quashing criminal proceedings should be allowed in the facts and circumstances of the case.
1 provisions across 1 enactments
Smt. Pravesh and Another
State of U.P. and Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
