Dismissed

Prosenjeet Kumar Vishwas and 5 Ors. v. State of U.P. and Anr.

Allahabad HC14 Jul 2021A482/33865/2019

Case brief

AI extract

What is this about?

Application to quash proceedings under Sections 498A, 147, 323, 504, 506 IPC and, Sections 3/4 Dowry Prohibition Act dismissed as mediation failed. Court held disputed facts cannot be adjudicated under Section 482 Cr.P.C.

What did the court decide?

Application for quashing of proceedings, charge sheet, and cognizance order refused; applicants directed to surrender and apply for bail.

Prosenjeet Kumar Vishwas and 5 Ors. Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2021)

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Court No. - 81

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Case :- APPLICATION U/S 482 No. - 33865 of 2019

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Applicant :- Prosenjeet Kumar Vishwas And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh

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Hon'ble Shamim Ahmed,J.

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Heard Sri Himanshu Giri, Advocate holding brief of Sri Anil Kumar Mishra, learned counsel for the applicants as well as Sri Dinesh Kumar Singh, learned counsel appearing on behalf of the opposite party no. 2, learned A.G.A. for the State and perused the record.

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The instant application has been filed by the applicants with a prayer to quash the entire proceedings of Case No. 671 of 2019 (State Vs. Prosenjeet Kumar Vishwas & Ors.;) arising out of Case Crime No. 47 of 2019, under Sections 498A, 147, 323, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Chakiya, District Chandauli, pending in the Court of learned Judicial Magistrate Chakiya, District Chandauli as well as quash the impugned charge sheet dated 12.05.2019 and impugned cognizance order dated 06.06.2019.

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This Court vide order dated 26.9.2019 referred the matter before the Mediation & Conciliation Centre, High Court, Allahabad to decide the same. The proceeding in the Mediation Centre was initiated.

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The Mediator has submitted its report in Annexure E Form 5 dated 9.2.2021 before the Court and submitted "Mediation completed. No agreement."

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Learned A.G.A. thereafter submitted that the mediation has failed and the parties have not arrived at any positive agreement, therefore, no useful purpose would be served in keeping this matter pending before this Court.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purpose of harassment. He has also pointed out certain documents in support of his contention.

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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

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made out against the applicants. 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.

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At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283 , the prayer for quashing of the entire proceeding as well as charge sheet and cognizance order is refused.

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However, on the request made by the learned counsel for the applicants, the applicants are directed to appear and surrender before the court below and apply for bail, the prayer for bail shall be considered expeditiously in accordance with law after hearing the Public Prosecutor.

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With the aforesaid observations, this application is finally disposed of .

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 14.7.2021 SA

Prosenjeet Kumar Vishwas and 5 Ors. v. State of U.P. and Anr.

Case brief

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Prosenjeet Kumar Vishwas and 5 Ors. v. State of U.P. and Anr.

Case brief

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