Single judge dismissed Section 482 Cr.P.C. application seeking quashment of proceedings for rape and sexual harassment. Court held averments in FIR and statement appeared natural and prima facie disclosed offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 41784 of 2019
Applicant :- Javed Mehdi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rohit Nandan Pandey and Sri Sanjeev Kumar Pandey, learned counsels for the applicants as well as learned A.G.A. for the State and perused the record.
Present application under Section 482 Cr.P.C. has been filed with the prayer to quash entire criminal proceedings of Case No.12246 of 2019 (State Versus Javed Mehndi) arising out of Case Crime No.710 of 2018 under Sections 376, 511 and 354 I.P.C., Police Station Sector 39, Noida, District Gautam Budh Nagar, pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar.
Learned counsel for the applicant has argued that the applicant is father-in-law of the first informant. In the F.I.R. which runs in four lines the first informant had alleged that her father-in-law wanted to develop illicit relations with her and she apprehends danger to her life. During investigation on 14.01.2019 statement of opposite party no.2 was recorded under Section 164 Cr.P.C. in which she has stated that she was married with applicant’s son on 14.11.2011 and after one and half months of her marriage her husband left for Saudi Arabia. She is living with her mother-in-law and father-in-law in NOIDA and had given vivid description of the manner in which the applicant had made indecent advances towards her in order to develop illicit relations with her and has also forcibly outraged her modesty and ultimately she was turned out of her matrimonial home in
the year 2018. Learned counsel for the applicant has argued that in fact the applicant is aged man and is living in Bihar and the opposite party no.2 was living along with her children in NOIDA and averments in the F.I.R. and in the statement recorded under Section 164 Cr.P.C. have been made with an ulterior motive and apparently on the face of it, the same are patently absurd. The applicant is aged about 65 years and his wife is still alive. There was no occasion for him to commit such a deplorable act of outraging of modesty of his own daughter-in-law. Therefore, the entire proceeding of aforesaid case may be quashed.
Per contra, learned A.G.A. has submitted that authenticity and genuineness of the averments made in the F.I.R. and in the statement recorded under Section 164 Cr.P.C. cannot be examined at this stage. However, on the face of it they appear to be quite natural as the husband of the opposite party no.2 was in Saudi Arabia and the applicant taking undue advantage wanted to develop illicit relations with opposite party no.2 and on being resisted by her, he also extended threat to her. He has further pointed out that no such proof that the applicant is aged about 65 years has been appended with the affidavit. Prima facie, offence under aforesaid sections of I.P.C. are made out. Therefore, the applicant does not deserve to any relief.
In the light of aforesaid, the application under Section 482 Cr.P.C. lacks merit and it is, accordingly, dismissed. Order Date :- 22.11.2019 MN/-
2 issues framed by the court
Whether the application for quashing criminal proceedings under Section 482 Cr.P.C. is maintainable where averments in FIR and investigation statement appear natural and prima facie disclose an offenc
Whether the applicant's age and residence can justify quashing the proceedings without proof attached to affidavit.
4 provisions across 2 enactments
Javed Mehdi
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
