Dismissed

Dinesh Kumar @ Bhola and Others v. State of U.P. and Another

Allahabad HC6 Dec 2021A482/28899/2007

Case brief

AI extract

What is this about?

This judgment dismisses an application under Section 482 Cr.P.C. seeking quashing of proceedings in a matrimonial dispute case. The Court held that the matters raised involve disputed questions of fact and testimonial evaluation, which must be adjudicated by the trial court, not the High Court in a pre-trial stage.

What did the court decide?

Prayer for quashing of criminal proceedings rejected; application dismissed.

Dinesh Kumar @ Bhola and Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28899 of 2007

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Applicant :- Dinesh Kumar @ Bhola And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- L.M. Singh Counsel for Opposite Party :- Govt. Advocate,Sanjay Kumar

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Hon'ble Gautam Chowdhary,J.

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This application under Section 482 Cr.P.C. has been filed seeking the quashing of the entire proceeding in Complaint Case No. 517 of 2006, under Sections 498-A, 323 I.P.C. & 3/4 D.P. Act, Police Station Kydganj, District Allahabad, pending in the court of A.C.J. (J.D.), Court No.8, Allahabad.

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It seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to undergo mediation proceedings. The report of Mediation Centre dated 27.04.2008. reveals that the aforesaid attempt could not succeed and did not bear any fruit for certain reasons. The Court, therefore, deems it fit to decide the matter on merits.

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Heard learned counsel for the applicants, and learned AGA. Perused the record.

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All the contentions raised by the counsel for the applicants relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon on behalf of applicants. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions made by the learned counsel for the applicants call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins.

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Through a catena of decisions given by Hon'ble Apex Court this legal aspect has been expatiated upon at length and the law that has evolved over a period of several decades is too well settled. The cases of (1) Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2) Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC 1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC

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736 may be usefully referred to in this regard.

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The Apex Court decisions given in the case of R.P. Kapur Vs. State of Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs. Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories by way of illustration which may justify the quashing of a complaint or charge sheet. Some of them are akin to the illustrative examples given in the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976 3 SCC 736. The cases where the allegations made against the accused or the evidence collected by the Investigating Officer do not constitute any offence or where the allegations are absurd or extremely improbable impossible to believe or where prosecution is legally barred or where criminal proceeding is malicious and malafide instituted with ulterior motive of grudge and vengeance alone may be the fit cases for the High Court in which the criminal proceedings may be quashed. Hon'ble Apex Court in Bhajan Lal's case has recognized certain categories in which Section-482 of Cr.P.C. or Article-226 of the Constitution may be successfully invoked. Illumined by the case law referred to herein above, this Court has adverted to the entire record of the case.

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The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.

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The interim order, if any, is vacated.

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The application therefore stands dismissed.

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Order Date :- 6.12.2021 shiv

Dinesh Kumar @ Bhola and Others v. State of U.P. and Another

Case brief

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Dinesh Kumar @ Bhola and Others v. State of U.P. and Another

Case brief

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